Opinion
No. 2-478 / 02-0567.
Filed June 19, 2002.
Appeal from the Iowa District Court for Linn County, SUSAN FLAHERTY, District Associate Judge.
Mother appeals an order terminating her parental rights. AFFIRMED.
Thomas O'Flaherty of O'Flaherty Law Firm, Swisher, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Denver D. Dillard, County Attorney, and Rebecca Belcher, Assistant County Attorney, for the appellee-State.
David Nadler of Johnston Nathanson, Cedar Rapids, guardian ad litem for minor child.
David Thinnes of Thinnes Liesveld, Cedar Rapids, for father.
Considered by VOGEL, P.J., and MILLER and VAITHESWARAN, JJ.
J.D. was born to unmarried parents, Patricia and D.R., on June 24, 2000. He was removed from parental custody by juvenile court order on July 13, 2000, and has thereafter remained in foster care. He was adjudicated a child in need of assistance (CINA) on December 26, 2000, pursuant to Iowa Code sections 232.2(6)(b), (c)(2), and (n) (1999). The juvenile court subsequently terminated both parents' parental rights pursuant to section 232.116(1)(g) (2001). Patricia appeals.
This provision has been resdeisgnated as Iowa Code section 232.116(1)(h) (Supp. 2001).
Patricia does not claim the State failed to prove the grounds for termination under the relevant code section. She argues only that there is no clear and convincing evidence it was in J.D.'s best interests to terminate her parental rights. Even if statutory requirements for termination are met, the decision to terminate must still be in the child's best interests. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994). "We review termination proceedings de novo. Although we are not bound by them, we give weight to the trial court's findings of fact, especially when considering the credibility of witnesses." In re C.B., 511 N.W.2d 489, 492 (Iowa 2000) (citations omitted).
We find clear and convincing evidence shows termination to be in J.D.'s best interests. Patricia has a history of substance abuse, unsuccessful treatment, and a moderate to high risk for continued substance abuse. She has mental health problems, and has been evaluated as a risk to physically abuse a child in her care. She does not have adequate housing for J.D. Service providers and other professionals state Patricia has unreasonable expectations for J.D. and would need extensive and ongoing assessment to be able to be his caretaker. Shortly after J.D.'s birth Patricia sought assistance to separate from D.R., who had been convicted of conspiracy to commit murder, has a history of threatening and potentially violent behavior including an expressed desire to kill Patricia's mother and sister, and according to Patricia had been violent toward her. During the CINA proceeding Patricia reported that D.R. had again been violent with her, and stated she intended to seek a restraining order preventing him from having any contact with her. She nevertheless thereafter married D.R. during the juvenile court proceedings concerning J.D. and proposes that J.D. live with her and D.R. in the motel room D.R. has lived in for several years. Service providers who provided Patricia and D.R. supervision for their visitations with J.D. and parent skill education opined that Patricia and D.R. have both regressed in their parenting abilities during these proceedings.
We affirm the juvenile court's order terminating Patricia's parental rights to J.D.
AFFIRMED.