Opinion
No. 3-464 / 02-1968
Filed July 10, 2003
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
A mother and father appeal the termination of their parental rights. AFFIRMED.
Mark Reed, Des Moines, for appellant-father.
Pamela Vandel, Des Moines, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Bret Lucas, Assistant County Attorney, for appellee-State.
Christopher Kragnes, Des Moines, guardian ad litem for minor children.
Considered by Zimmer, P.J., and Hecht and Eisenhauer, JJ.
A mother and father appeal from the termination of their parental rights. Ranae L. and Stanley L. are the parents of Jacob, Debra, and Joseph, ages ten, six, and four, respectively, at the time of trial. Ranae and Stanley have three older children, Zachary, Patricia, and Bobby, who are not subject to these proceedings.
The children in interest have a long history with the Department of Human Services (Department). The children were removed from their parents' care in 1997 after Joseph tested positive for methamphetamine at birth. The family received numerous services and the children were returned to their parents in October 1998. The case was subsequently closed.
In November 2000 these children were adjudicated in need of assistance after it was discovered Zachary had repeatedly sexually abused his younger sister, Debra. By April of 2001 there had been three referrals for denial of critical care and lack of supervision. The family continued to struggle and appeared to be in chaos. On May 21, 2001, the matter came before the juvenile court for a possible modification of placement. At that time, the parents were separated, but they later reunited. The children were removed on May 22 because of the parents' illegal drug use and missed therapy sessions.
In June 2001 the court agreed Jacob, Debra, and Joseph could be returned to Ranae's care if the parents complied with certain conditions. The conditions were not met and the children were not returned to their mother's care. In July 2001 the court continued out-of-home placement due to the parents' inability to overcome their substance abuse issues.
By April 2002 Ranae and Stanley had made significant progress. On April 9, the court entered a permanency order which contemplated a reunification within three months. On June 6, 2002, Debra was allowed to return home with the understanding that Jacob and Joseph would be transitioned home shortly thereafter. Shortly after Debra returned home, Stanley tested positive for a controlled substance and Debra was again removed from the custody of her parents. The State filed its petition to terminate with respect to Jacob, Debra, and Joseph on September 4, 2002.
The termination hearing was held on September 30 and October 2, 2002. On November 27, 2002, the juvenile court terminated Stanley's parental rights pursuant to Iowa Code sections 232.116(1)(d) and 232.116(1)(f) (Supp. 2001). Ranae's parental rights were terminated under Iowa Code section 232.116(1)(d). The children were placed in the custody of the Department for adoptive placement.
Ranae and Stanley have appealed separately from the termination. The parents claim the statutory grounds for termination were not met with clear and convincing evidence and that termination is not in the best interests of the children. They also contend the record fails to establish the necessary change in circumstances to depart from a permanency ruling as required under Iowa Code section 232.104(2)(b). Ranae further posits that the court erred in not granting her additional time for reunification.
The parents' expedited termination appeals were transferred to the court of appeals on June 18, 2003. Submission of the appeals was delayed because the county clerk's office lost the exhibits and had to reconstruct them.
We review termination of parental rights orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern is the best interests of the children . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
A parent's rights may be terminated under section 232.116(1)(d) when (1) a child or his or her sibling has been adjudicated in need of assistance based on physical abuse, sexual abuse, or neglect and (2) the circumstances continue to exist despite the receipt of services. On our de novo review of the record, we conclude the juvenile court properly terminated the parents' rights under this section.
Jacob, Debra, and Joseph were adjudicated in need of assistance in November 2000 after the court found they had been physically or sexually abused or neglected as a result of the acts or omissions of their parents. Subsequent to adjudication, the parents were offered or received numerous services to correct the circumstances which led to the adjudication. After the juvenile court decided to implement an aggressive reunification plan, the parents once again demonstrated they lack adequate insight into their problems to safely parent the children. A mere six days after Debra's return to her parent's care in June 2002, Stanley provided a dirty drug screen. The record further supports the juvenile court's conclusion that Ranae is still unable to safely monitor the children when they are all together.
This is the second occasion these children have been out of their parents' care for a significant amount of time. Stanley and Ranae's history is replete with instances of substance abuse, poor judgment, and inadequate parenting including lack of supervision. Like the juvenile court, we recognize the parents made considerable progress in the months prior to the court's decision to enter a permanency order. However, they ultimately violated their children's trust by demonstrating that they still do not have the ability to safely parent their children. We agree with the juvenile court's conclusion that these children should not have to wait any longer for responsible parenting. See In re L.L., 459 N.W.2d 489, 495 (Iowa 1990). Parenting cannot be turned on and off like a spigot; it must be constant, responsible, and reliable. Id. Because we find the grounds for termination under section 232.116(1)(d) have been proven, we need not consider the other grounds upon which Stanley's parental rights were terminated. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996) (stating we only need to find grounds to terminate parental rights under one of the sections cited by the juvenile court in order to affirm).
The parents also assert that termination is not in their children's best interests. We disagree. We recognize the bond each parent has with their children but conclude termination provides the best chance for the safe, healthy, and stable environment these children deserve. The children should not have to wait any longer for their parents to become responsible adults. We find the long-term best interests of the children are served through termination of the parental rights of Stanley and Ranae.
To obtain termination of Stanley and Ranae's parental rights, the State was required to show a material and substantial change from the prior permanency order entered under Iowa Code section 232.104(2)(b). Stanley and Ranae contend the State did not meet its burden. The permanency order, entered April 9, 2002, did not recommend termination noting the parents' ongoing progress and close bond with their children. Stanley's subsequent relapse and Ranae's continuing inability to supervise the children despite intensive services establish the necessary change in circumstances to terminate their parental rights.
Finally, Ranae argues the court erred in not granting her additional time for reunification. These children first came to the attention of the juvenile court in 1997. As of September 30, 2002, the circumstances leading to their first and their second adjudication as children in need of assistance continued to exist. As stated earlier, these children should not have to wait any longer for responsible parenting. See L.L., 459 N.W.2d at 495. We conclude the juvenile court did not err by failing to grant the mother additional time for reunification.