In the Interest of P.B., 03-0339

Full title: IN THE INTEREST OF P.B. and A.B., Minor Children, S.B., Father, Appellant…

Court: Court of Appeals of Iowa

Date published: Apr 30, 2003

No. 3-192 / 03-0339 (Iowa Ct. App. Apr. 30, 2003)

Opinion

No. 3-192 / 03-0339.

Filed April 30, 2003.

Appeal from the Iowa District Court for Bremer County, PETER B. NEWELL, District Associate Judge.

S.B. and J. B. appeal the termination of their parental rights. AFFIRMED.

Aaron Hawbaker, Cedar Falls, for appellant father.

David Zellhoefer of Zellhoefer Law Office, Waterloo, for appellant mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Kasey Wadding, County Attorney, for appellee-State.

Patrick Vickers of Vickers Law Office, Greene, guardian ad litem for minor children.

Considered by HUITINK, P.J., and MAHAN and HECHT, JJ.

MAHAN, J.

Scott and Jennifer appeal the termination of their parental rights to Paige, born in December 1996, and Anita, born in February 2002. The juvenile court terminated the parents' rights to Paige under Iowa Code sections 232.116(1)(f) and (k) (Supp. 2001), and to Anita under sections 232.116(1)(d), (e), (h), and (k).¹

1 The juvenile court cited the previous code numbers which were in effect prior to the amendment of section 232.116(1) on April 24, 2001. We will use the current form of the section.

On appeal, Scott and Jennifer claim there is insufficient evidence in the record to support the termination of their parental rights. Jennifer also claims termination is not in the children's best interests.

We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). After a careful review of the record, we find there is clear and convincing evidence in the record to support the termination of the parents' rights. The parents have a history of substance abuse. Both parents have faced criminal charges for possession of methamphetamine. Anita was born with illegal drugs in her system. There were indications they continued to use illegal drugs. The parents were unemployed and did not have suitable housing. Like the juvenile court, we conclude the parents have decided to prioritize drugs over their children.

We also determine termination is in the best interests of the children. The parents cannot adequately care for the children until they can take care of themselves. The parents have adopted a lifestyle which includes the use of illegal drugs, which is not in the best interests of the children.

We affirm the decision of the juvenile court to terminate Scott and Jennifer's parental rights to Paige and Anita.

AFFIRMED.