Opinion
No. 2-229 / 02-0131
Filed April 10, 2002
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
A mother appeals a juvenile court order terminating her parental rights to her two daughters. AFFIRMED.
Douglas L. Roehrich, Sioux City, for appellant-mother.
Kay Dull, Spirit Lake, for appellant-father.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Dewey P. Sloan, Assistant County Attorney, for appellee-State.
Elizabeth Row, Sioux City, guardian ad litem for minor children.
Considered by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.
A mother appeals a juvenile court order terminating her parental rights to her two children, Makayla and Eliza. She contends termination of her parental rights will not serve the best interests of the children. Upon review, we find this matter fits the criterion outlined in Iowa Court Rule 21.29 for the issuance of a memorandum opinion. We affirm the juvenile court's termination of the mother's parental rights.
Formerly Iowa Supreme Court Rule 9.
Background Facts and Proceedings .
Elizabeth is the mother of Makayla, born August 11, 2000, and Eliza, born July 4, 2001. Lonnie is the putative father of Makayla. Maynard, the putative father of Eliza, is also identified as a possible father of Makayla. Elizabeth has one other son, Michael, who was adjudicated a child in need of assistance in August 1999. Elizabeth's parental rights to Michael were terminated in June 2000.
Elizabeth has a long history of involvement with the Department of Human Services (DHS). At one time, Elizabeth herself was a child in need of assistance under the jurisdiction of the juvenile court. She began using drugs at age twelve and frequently ran away from home. Elizabeth's drug use continued, she experienced problems in school, displayed aggressive and defiant behavior, and was diagnosed with mental illness. Over the years, she has been offered and received a myriad of services through DHS. Her commitment to maintaining a stable lifestyle and making responsible decisions has been at best inconsistent. The record suggests she remains involved in a physically abusive relationship with Maynard, Eliza's putative father. Elizabeth has made several attempts to stay substance free, but continues to relapse.
Due to Elizabeth's mental health problems, chaotic lifestyle, lack of parenting skills, and chronic drug use, Makayla was removed from her mother's custody and placed in foster care immediately following her birth. Makayla was adjudicated a child in need of assistance December 21, 2000 based on the juvenile court's finding that placement with her mother would present an imminent likelihood that she would suffer physical abuse or neglect. Now almost two, Makayla has spent her entire life in foster care, with only very limited contact with her mother. Providers report Makayla is thriving in her current placement.
Eliza was born July 4, 2001. Elizabeth denied her pregnancy until two weeks before Eliza's birth, and received no prenatal care. She tested positive for drug usage while she was pregnant. Eliza has remained in foster care since she was removed from her mother's custody a day after her birth. Eliza was adjudicated a child in need of assistance October 31, 2001.
A petition to terminate the parental rights of Elizabeth, Lonnie, and Maynard was filed August 14, 2001. The juvenile court found termination of Elizabeth's parental rights as to Makayla was warranted pursuant to Iowa Code sections 232.116(1)(a), (c), (d), (f), and (g) (2001). Elizabeth's parental rights as to Eliza were terminated under sections 232.116(1)(c) and (f). Lonnie's parental rights to Makayla were terminated pursuant to section 232.116(1)(b). Maynard's parental rights to both Makayla and Eliza were terminated pursuant to section 232.116(1)(c). Maynard's appeal of the termination of his parental rights was dismissed as untimely. Elizabeth appeals the termination of her parental rights as to both girls. Her appeal does not challenge the sufficiency of the evidence to establish the statutory requirements for termination; instead, she argues that termination does not serve the children's best interests. Our review is de novo. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).
Best Interests of the Children .
The record before us on appeal contains ample evidence to support termination of Elizabeth's parental rights on all grounds found by the juvenile court. However, even if the statutory requirements for termination are met, the decision to terminate must be in the children's best interests. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994). Elizabeth maintains termination is not in the children's best interests. We disagree.
Elizabeth has a long history of familial dysfunction. Her lifestyle continues to be unstable and chaotic. She lacks maturity, abuses controlled substances, and cannot control her anger. She has no empathy for her children. She has mental health issues but is resistant to treatment. She has a history of abusive relationships with others. Elizabeth's first child, Michael, suffered physically and emotionally before he was removed from his mother's care. Elizabeth is resistant to making any changes in her life.
Neither Makayla nor Eliza has spent any significant time in Elizabeth's care. The vast majority of their young lives has been spent in foster care placement, where each has reportedly thrived. Makayla and Eliza deserve a safe, healthy and stimulating environment in which to grow and mature. Elizabeth cannot provide that environment. In fact, the opposite is true. Returning these children to their mother now or at any time in the future would pose a significant risk to their health and safety. Upon careful review of the record, we conclude termination of Elizabeth's parental rights will serve the best interests of both Makayla and Eliza.
AFFIRMED.