Opinion
No. 2-509 / 02-0489.
Filed June 19, 2002.
Appeal from the Iowa District Court for Polk County, KARLA FULTZ, Associate Juvenile Judge.
Mother appeals the order terminating her parental rights to her daughter. AFFIRMED.
Bryan Tingle of Tingle, Knight, Webster Juckette, P.L.C., Des Moines, for appellant-mother.
Thomas J. Miller, Attorney General, Janet Hoffman, Assistant Attorney General, John P. Sarcone, County Attorney, and Steve Bayans, Assistant County Attorney, for appellee-State.
Kimberly Ayotte of the Youth Law Center, Des Moines, guardian ad litem for minor child.
Considered by VOGEL, P.J., and MILLER and VAITHESWARAN, JJ.
Kimberly W. is the mother of Kayla W., born May 27, 2000. In October of 2000, Kayla was removed from Kimberly's care after Kayla was diagnosed with failure to thrive. At that time, Kayla was placed with her maternal grandparents, Carol and Ronnie L. The State subsequently filed a petition alleging Kayla to be a child in need of assistance (CINA), pursuant to Iowa Code sections 232.2(6)(b) and 232.2(6)(c)(2) (1999). The court granted the petition and entered a dispositional order placing Kayla with her grandparents. On October 8, 2001, the State filed a petition to terminate Kimberly's parental rights to Kayla. Following a hearing, the court granted the petition and terminated Kimberly's parental rights under Iowa Code sections 232.116(1)(c), (1)(d), and (1)(g) (2001). Kimberly appeals.
Now codified at Iowa Code sections 232.116(1)(d), (1)(e), and (1)(h) (Supp. 2001).
We review termination of parental rights orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991).
Kimberly contends there was not clear and convincing evidence to support termination under any of the provisions cited by the court. We first note the State concedes termination was improper under section 232.116(1)(d) in that its petition never sought termination under this ground. We only need to find grounds to terminate parental rights under one of the sections cited by the district court in order to affirm its ruling, In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
We conclude the court properly terminated Kimberly's parental rights pursuant to section 232.116(1)(c), which requires a showing that (1) the court has previously adjudicated Kayla CINA after finding her to have been physically or sexually abused or neglected as a result of the acts or omissions of the parents, and (2) subsequent to the CINA adjudication, the parents were offered services, but the circumstances which led to adjudication continue to exist. Kimberly was offered a myriad of services; however, she failed at several and refused to take advantage of others. She relapsed on methamphetamine in July of 2001. Kimberly did not maintain adequate housing during the pendency of this case and was unable to provide Kayla with any stable or nurturing environment. It is clear that, despite the receipt of services, Kimberly's situation had not improved to the extent she could resume care of Kayla. For similar reasoning, we reject Kimberly's contention termination was not in Kayla's best interest.
Kimberly also asserts the court erred in terminating her parental rights even considering that her parents had custody of Kayla. See Iowa Code § 232.116(3)(a) (providing the court need not terminate if a relative has legal custody of the child). We conclude the court did not err in this respect. The language of this provision is clearly permissive in nature. See In re J.V., 464 N.W.2d 887, 890 (Iowa Ct.App. 1990). Kayla's grandparents, in whose care Kayla had been since four months of age, appear willing to adopt her. Kayla deserves permanency. In light of this, we affirm the juvenile court's termination of Kimberly's parental rights.
AFFIRMED.