Opinion
No. 3-233 / 03-0022
Filed April 4, 2003
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
Mother appeals from the order terminating her parental rights to her daughter. AFFIRMED.
Patrick O'Bryan of the O'Bryan Law Firm, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Martha Johnson, Assistant County Attorney, for appellee-State.
Considered by Huitink, P.J., and Mahan and Hecht, JJ.
Michael Bandstra, Des Moines, guardian ad litem for minor child.
Misty F. and Edwin V.G. are the parents of Roberta F., who was born on September 18, 1996. Misty was only fourteen years old when Roberta was born. Roberta first came to the attention of the Department of Human Services (DHS) when it was discovered Misty was being sexually abused by her mother's ex-boyfriend, who was also Roberta's father. Roberta was subsequently adjudicated to be in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(c)(2) and (n) (2001). Following a subsequent hearing on the guardian ad litem's petition, the juvenile court terminated Misty's parental rights to Roberta under sections 232.116(1)(d) and (f) (Supp. 2001). Roberta appeals from this ruling.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proved by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).
On our de novo review of the record, we conclude clear and convincing evidence supports the termination of Misty's parental rights under section 232.116(1)(f). Termination under this section requires proof the child (1) is four years of age or older, (2) was adjudicated CINA, (3) has been removed from the parent's custody for twelve months, and (4) cannot be returned to the parent's custody. Iowa Code§ 232.116(1)(f).
Misty was adjudicated CINA after it was learned Misty and Roberta were residing with a convicted sexual offender who had an outstanding arrest warrant for failing to register with the sexual abuse registry. DHS had also learned Misty repeatedly left Roberta with her boyfriend and his two sons, all of whom had sexual abuse issues. DHS provided Misty with numerous services in an attempt to reunify the family, but Misty was obstinate, dishonest, and manipulative toward service providers. Despite the variety of services and the efforts of providers, the clear and convincing evidence in the record proves Misty was clearly unable to assume care of Roberta at the time of the termination hearing. Misty's immaturity, her continued exposure of Roberta to sexual offenders, and her failure to demonstrate requisite skills of responsible parenting dictate that we affirm the juvenile court's decision to terminate her parental rights.