Opinion
No. 3-235 / 03-0302.
Filed April 30, 2003.
Appeal from the Iowa District Court for Linn County, DAVID M. REMLEY, Judge.
A mother appeals from the termination of her parental rights to her minor children. AFFIRMED.
David Nadler of Johnston Nathanson Law Office, Cedar Rapids, for appellant mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Harold Denton, County Attorney, and Lance Heeren, Assistant County Attorney, for appellee-State.
Ronald Ricklefs, Cedar Rapids, for the father.
Mona Knoll of Nazette, Marner, Wendt, Knoll Usher, L.L.P., Cedar Rapids, for minor child.
Considered by HUITINK, P.J., and MAHAN and HECHT, JJ.
Angela is the mother of Dennis, born in September 1992, and Steven, born in March 1995. Her parental rights were terminated under Iowa Code section 232.116(1)(f) (Supp. 2001). Angela claims the State did not present sufficient evidence to support termination of her parental rights and that termination is not in the children's best interests. We affirm.
The children were adjudicated to be children in need of assistance (CINA) in December 1999 after the Department of Human Services (DHS) made two founded reports of denial of critical care due to health and safety hazards in the home. The children were removed from the home in April 2000 after the mother moved, but did not inform DHS. Dennis displayed behavioral difficulties, including enuresis and encopresis. In August 2000 he was placed in a psychiatric medical institution for children (PMIC).
Angela initially made some progress with services. However, eventually matters reverted to where they were at the time the children were removed from her care. Angela displayed instability in her residence and employment, and was generally unreliable in her dealings with others. The children need a stable environment and structure. Angela was unable to meet the children's needs.
We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997). We determine there is clear and convincing evidence in the record to show the children cannot be returned to Angela's care at the present time. We note that at the time of the termination the children had been out of the home for two and one-half years. Angela was still not in a position to be able to care for the children.
We also determine termination of Angela's parental rights was in the children's best interests. The children need permanency. Patience with parents can soon translate into intolerable hardship for their children. In re C.K., 558 N.W.2d 170, 175 (Iowa 1997). A child should not be forced to endlessly await the maturity of the natural parent. Id. The children should not be required to wait any longer for Angela to be able to meet their needs.
We affirm the decision of the district court.