Opinion
No. 3-473 / 03-0908
Filed July 10, 2003
Appeal from the Iowa District Court for Clinton County, Arlen J. Van Zee, District Associate Judge.
A mother and father appeal the termination of their parental rights. AFFIRMED.
Mary Lynn Wolfe of the Wolfe Law Office, Clinton, for appellant-mother.
Jeffrey L. Farwell, Clinton, for appellant-father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Mike L. Wolf, County Attorney, and Ross Barlow, Assistant County Attorney, for appellee-State.
J. David Zimmerman, Clinton, guardian ad litem for minor child.
Considered by Zimmer, P.J., and Hecht and Eisenhauer, JJ.
Tonia C. and Lawrence M. appeal from the juvenile court's order terminating their parental rights to their daughter. Tonia and Lawrence are the unwed parents of Madison M., born November 9, 2000. Tonia has another child, Jessica, born November 23, 1999. Lawrence is not Jessica's father. Jessica's maternal grandmother was appointed as her guardian and conservator in June 2001. This appeal concerns only Madison.
On March 2, 2002, Lawrence physically assaulted Tonia in Madison's presence. Tonia was injured in the incident. A denial of critical care report, due to inadequate supervision of Madison by her father, was founded. Lawrence pled guilty to domestic abuse assault, as a simple misdemeanor.
In addition to the founded report against Lawrence, the record reveals several earlier reports of founded child abuse involving Tonia and her children.
Madison came to the attention of the Department of Human Services (Department) again after an incident which occurred at a hospital in Clinton on June 7. Madison's aunt and uncle brought her to the emergency room at 11:30 a.m. because Madison had a bad cough and was experiencing difficulty breathing. Tonia did not come to the hospital until 7:00 p.m. Once there, she was very combative with the hospital staff. She insisted on taking Madison home even though a physician informed her Madison needed medical treatment. When nurses told Tonia Madison's diaper was dirty, Tonia roughly removed Madison's pants, violently lifting her off the table. Nurses stepped in and removed Madison from her mother. When asked why she had not sought medical treatment for Madison, Tonia became verbally abusive. Nurses contacted police after notifying the Department of the abuse inflicted upon Madison. Tonia was subsequently arrested for child endangerment.
Following further investigation, the court ordered Madison removed from her parents' care on June 10, 2002. She has been out of her parents' care ever since. On August 13, 2002, the juvenile court adjudicated Madison a child in need of assistance based on the incident which occurred at the hospital. On March 20, 2003, the State filed a petition to terminate the parental rights of Tonia and Lawrence. Following trial, the juvenile court terminated both Tonia and Lawrence's parental rights pursuant to Iowa Code section 232.116(1)(h) (2003), and placed custody of Madison with the Department for adoptive placement.
Tonia and Lawrence separately appeal. Both parents claim the State failed to establish that Madison could not be returned to their care under the meaning of section 232.116(1)(h). Lawrence also claims the court gave the parenting ability of the foster parents inappropriate weight.
Madison's guardian ad litem has filed a response to the appeals requesting that the termination of parental rights be affirmed.
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 child . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
In order to terminate a parent's rights under section 232.116(1)(h), the State must show by clear and convincing evidence that (1) the child is three years of age or younger, (2) the child is in need of assistance, (3) the child has been removed from home for six of last twelve months, and (4) the child cannot be returned home. The first three elements of section 232.116(1)(h) are not in dispute. Madison, age two, was adjudicated in need of assistance based on the incident which occurred at the hospital. She was removed from her parents' care on June 10, 2002, and has been out of their care ever since. Only the last element of the section is contested. Upon de novo review of the record, we conclude the statutory grounds for termination were met.
The record is clear that neither parent is currently capable of providing for Madison's physical and emotional health. Neither parent completed their evaluations in a timely manner. Tonia was essentially homeless until she entered an inpatient substance abuse facility in December 2002. Tonia has made some progress since that time, but still lacks the skills necessary to effectively parent Madison. She has also failed to demonstrate that she can maintain employment and provide a suitable home for Madison. Lawrence made no real effort to address his case plan responsibilities until after the petition to terminate was filed. He continues to deny responsibility for domestic violence. Lawrence has not demonstrated that he can care for his daughter.
Simply put, neither parent has demonstrated the ability to provide for Madison's physical, emotional, and safety needs on a consistent basis. We find clear and convincing evidence supports the juvenile court's conclusion Madison cannot be returned to her parents' care without substantial risk of suffering further adjudicatory harm.
Lawrence claims the court afforded the superior parenting ability of the foster family inappropriate weight in deciding to terminate his parental rights. Madison entered foster care combative and withdrawn. After ten-and-one-half months in foster care, her behavior had improved dramatically. She is now able to accept direction and affection, and at the time of the termination hearing, she was thriving in an environment which provided her with routine and structure.
We remind the parents that our primary consideration is the best interests of the child. In re C.W., 554 N.W.2d 279, 282 (Iowa Ct.App. 1996). In assessing the best interests of Madison, we must evaluate her long-range as well as immediate interests. See In re K.F., 437 N.W.2d 559, 560 (Iowa 1989). We consider what the future likely holds for Madison if returned to her parents' care. See id. We gain insight into Madison's prospects by reviewing the evidence of her parents' past performance for it may be indicative of their future capabilities. See In re M.S., 519 N.W.2d 398, 400 (Iowa 1994).
The record reveals that Lawrence and Tonia's parental rights were not terminated because the foster parents are better parents. Their parental rights were terminated because the statutory grounds for termination were met and termination is in Madison's best interests. It is true that Madison has thrived since being removed from her parents' care; however, the basis for termination lies with the parents' inability to care for her without putting her at a substantial risk of further adjudicatory harm.
On our de novo review, we conclude the statutory grounds for termination under section 232.116(1)(h) have been established by clear and convincing evidence. Termination serves Madison's best interests. We affirm the decision of the juvenile court.