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In the Interest of D.P., 03-0615

Court of Appeals of Iowa
May 29, 2003
No. 3-349 / 03-0615 (Iowa Ct. App. May. 29, 2003)

Opinion

No. 3-349 / 03-0615.

Filed May 29, 2003.

Appeal from the Iowa District Court for Clinton County, ARLEN VAN ZEE, Associate Juvenile Judge.

A mother appeals the order terminating her parental rights to her five children. AFFIRMED.

William Vilmont, Clinton, for appellant-mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Mike L. Wolf, County Attorney, and Ross Barlow, Assistant County Attorney, for appellee.

Paul Pfeffer, Clinton, guardian ad litem for children.

Considered by SACKETT, C.J., and HUITINK and VOGEL, JJ.


Shanna H. is the mother of Ashanette H., born August 9, 1994, Ameka P., born January 31, 1996, Ashley P., II, born January 19, 1997, Quavon P., born December 26, 1998, and DeMonte P., born September 30, 2000. The Iowa Department of Human Services (DHS) became involved with the family in November of 2001, when Ashanette was diagnosed with diabetes and it was discovered Shanna was leaving the children with their paternal grandmother while Shanna drank all night and slept during the day. On March 5, 2002, the children were adjudicated in need of assistance pursuant to Iowa Code sections 232.2(6)(b), (c)(2), and (e) (2001), and they were placed with their paternal grandmother. On March 20, 2003, the juvenile court terminated Shanna's parental rights to Ashanette, Ameka, Ashley, and Quavon pursuant to sections 232.116(1)(e) and (f) (2003), and her rights to DeMonte pursuant to sections 232.116(1)(e) and (h). Shanna appeals this order.

We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern in termination proceedings is the best interests of the children. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). While the district court terminated Shanna's parental rights on more than one statutory ground, we will affirm if at least one ground has been proved by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).

On appeal, Shanna contends there is not clear and convincing evidence that she did not maintain significant and meaningful contact with the children and that she made no reasonable effort to resume care of the children. See Iowa Code § 232.116(1)(e). The State notes that because Shanna only challenges one of the grounds under which her parental rights were terminated, she has waived any argument as to those additional grounds, see Iowa R.App.P. 6.14(1)( c), and we may affirm based on them.

We elect to address the merits and affirm the terminations of Ashanette, Ameka, Ashley, and Quavon pursuant to section 232.116(1)(f) and the termination of DeMonte pursuant to section 232.116(1)(h). At the time of their terminations all five children met the age requirements of these two provisions, see Iowa code §§ 232.116(1)(f)(1), (h)(1), and they had all been adjudicated in need of assistance. See Iowa Code §§ 232.116(1)(f)(2), (h)(2). Moreover, the children, having been removed on March 5, 2002, had all been out of Shanna's physical custody for the requisite periods of time. See Iowa Code §§ 232.116(1)(f)(3), (h)(3).

Finally, on our de novo review we agree with the juvenile court's conclusion there is clear and convincing evidence the children cannot be returned to Shanna's custody. See Iowa Code §§ 232.116(1)(f)(4), (h)(4). First, it is important to note that Shanna's problems with these children significantly predate the institution of this current action. Between July of 1998 and July of 2001, at least four child abuse reports were filed against Shanna regarding these children. For much of this case's history, Shanna seemed more interested in partying at night and sleeping during the day than accepting the responsibilities of a parent. She has not been able to account for the $1000 she received for her children in the form of F.I.P. and food stamps. The record clearly illustrates Shanna's lack of parenting skills and general abdication of her parental role to the children's paternal grandmother.

Although the record does reflect that Shanna was finally taking some responsibility for her actions just prior to the termination hearing and making some effort toward reunification, such actions occurred too late. See In re T.D.C., 336 N.W.2d 738, 744 (Iowa 1983) (noting a child "need not endlessly await the maturity of his or her natural parent"). Shanna's late progress is overshadowed by her history of abdication of parental responsibility. Her pattern of behavior will likely not improve such that she would be able to consistently care for the needs of the children, in particular Ashanette, who suffers from diabetes. These children deserve permanency, and all signs indicate that their paternal grandmother is a willing and capable caretaker who continues to fulfill their need. We therefore affirm the termination.

AFFIRMED.


Summaries of

In the Interest of D.P., 03-0615

Court of Appeals of Iowa
May 29, 2003
No. 3-349 / 03-0615 (Iowa Ct. App. May. 29, 2003)
Case details for

In the Interest of D.P., 03-0615

Case Details

Full title:IN THE INTEREST OF D.P., Q.P., A.P. III, A.P. AND A.H., Minor Children…

Court:Court of Appeals of Iowa

Date published: May 29, 2003

Citations

No. 3-349 / 03-0615 (Iowa Ct. App. May. 29, 2003)