Opinion
No. 3-770 / 03-1416
Filed October 15, 2003
Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.
A father appeals the juvenile court's termination of his parental rights to two of his children. AFFIRMED.
Robert Rehkemper of Berger Gajdel, P.C., Des Moines, for appellant-father.
Victoria Meade, Des Moines, for appellee-mother.
Anjela Shutts of Whitfield Eddy, P.L.C., Des Moines, for intervenor.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Jon Anderson, Assistant County Attorney.
J. Karnale Manual, Des Moines, guardian ad litem for minor children.
Considered by Sackett, C.J., and Miller and Hecht, JJ.
Stephen appeals from the order terminating his parental rights to two of his children. He contends the State failed to prove any of the grounds for termination by clear and convincing evidence. Stephen also claims the failure to rescind or modify the no-contact order between him and the two boys violated his fundamental interest in the parent-child relationship. We affirm.
Stephen and Faith are the parents of Devan, born in April 2001, and Stephen, Jr., born in September 2002. Both parents have significant mental health and substance abuse problems. These problems led to the removal of both children from their parents' custody and their subsequent adjudication as children in need of assistance. At the time of the termination, both children were in the custody of their maternal aunt and uncle, and Stephen was serving a ten-year sentence for third-degree sexual abuse. Faith voluntarily consented to termination of her parental rights under Iowa Code section 232.116(1)(a) (2003). The court terminated Stephen's parental rights under section 232.116(1)(b), (d), (e), and (h). The court also concluded clear and convincing evidence exists to prove the ground for termination in section 232.116(1)(l).
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000). When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
We find clear and convincing evidence supporting termination of Stephen's parental rights under section 232.116(1)(h). Both children are under age three, have been adjudicated children in need of assistance, and have been out of their parents' care for more than six of the last twelve months with no trial periods at home. Because Stephen is serving a ten-year prison sentence and has unresolved mental health and substance abuse problems, the children cannot be returned to his custody at the present time. We need not address Stephen's claim concerning the no-contact order because we find termination proper under this section and even the complete rescission of the order would not affect the evidence supporting termination on this ground.