Opinion
No. 3-459 / 03-0780.
Filed June 25, 2003.
Appeal from the Iowa District Court for Mahaska County, Michael R. Stewart, District Associate Judge.
A mother appeals from the order terminating her parental rights to two children. AFFIRMED.
Dennis E. McKelvie of McKelvie Law Office, Grinnell, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant County Attorney, Charles A. Stream, County Attorney, and Richard Scott, Assistant County Attorney, for appellee-State.
Terri Beukelman, Pella, guardian ad litem for minor children.
Considered by Zimmer, P.J., and Hecht and Eisenhauer, JJ.
Michalle is the mother of Mary Jane, who was born March 1, 1998, and Larry, who was born June 1, 2000. Michalle has been involved with the juvenile court system for a number of years, having had her parental rights to two children terminated in 1993 and to two other children in 1998. Although Mary Jane and Larry had long been involved with the Iowa Department of Human Services (DHS), they were finally removed from Michalle's care in November of 2001 after Michalle left them with inappropriate caretakers without informing them where she was going. On December 27, 2001 they were adjudicated to be in need of assistance pursuant to Iowa Code section 232.2(6)(a) (2001). Following a subsequent trial, the court terminated Michalle's parental rights under sections 232.116(1)(f), (g), and (h) (2003). Michalle appeals.
We review termination 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). While the district court terminated Michalle's parental rights on more than one statutory ground, we will affirm if at least one ground has been proven by clear and convincing evidence. See In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).
In order to support the termination under section 232.116(1)(g), the State had to prove by clear and convincing evidence that (1) the children have been adjudicated in need of assistance, (2) the court has previously terminated Michalle's parental rights to another family member, (3) Michalle lacks the ability or willingness to respond to services, and (4) an additional period of rehabilitation would not correct the situation. On our de novo review, we conclude the court properly terminated Michalle's parental rights under this provision.
As noted, Michalle previously has had her parental right terminated to four other children. The circumstances which led to those adjudications appear very similar to the situation surrounding the termination of Mary Jane and Larry. Michalle had her rights to Bridget and Zachary terminated in 1993 after it was discovered she "no longer wanted the children" and had tried to "give" them away. In addition, the court expressed serious concerns about Michalle's involvement with multiple and abusive boyfriends. In 1998, when her rights to Alicia and Marie were terminated, the family came to the attention of the DHS when she failed to provide adequate supervision for her children, often leaving them with caretakers for several days at a time without providing supplies or being available for the caretaker.
Likewise, the present case began when it was discovered Michalle had left the children at an acquaintance's home despite her friend's pleas she would be unable to care for them. An alarming pattern of serial relationships with men was also revealed. Evidence was presented that between 1997 and 2002 Michalle was either engaged to or lived with at least seven different men. In addition, she lacked any sort of stable lifestyle or living arrangement, often returning to her mother's home only when her relationships with the various men ended. Michalle certainly has not exhibited any change in lifestyle since her previous terminations. Despite the offer of numerous services and other help, she has given us no indication any "additional period of rehabilitation" would allow her to assume care of the children. See Iowa Code§ 232.116(1)(g)(3), (4).
Similarly, we reject Michalle's contention termination is not in the children's best interests. The home Michalle can provide for Mary Jane and Larry is as unstable and unstructured as the environment she provided for her other children who were the subjects of the earlier termination actions. She has demonstrated a consistent lack of maturity and an inability to provide for the safety and security of these children. In this case, we have considered what the future likely holds for Mary Jane and Larry if they are returned to their mother. See In re L.L., 459 N.W.2d 489, 493 (Iowa 1990). We have gained Insight for that determination from evidence of Michalle's past performance, for we find that performance indicative of the quality of the future care she is capable of providing. Id. This consideration leads to the conclusion the court properly terminated Michalle's parental rights.