From Casetext: Smarter Legal Research

In the Interest of S.B., 01-1640

Court of Appeals of Iowa
May 31, 2002
No. 2-333 / 01-1640 (Iowa Ct. App. May. 31, 2002)

Opinion

No. 2-333 / 01-1640.

Filed May 31, 2002.

Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge.

G.B. appeals the termination of her parental rights to her minor children. AFFIRMED.

Robert J. Phelps, Davenport, for appellant.

Benjamin Yeggy, Davenport, for father.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, William E. Davis, County Attorney, and Gerda Lane, Assistant County Attorney, for appellee-State.

Patricia Wilger, Rock Island, Illinois, guardian ad litem for minor child.

Considered by Sackett, C.J., and Huitink and Hecht, JJ.


Georgia B. appeals the termination of her parental rights to her two and four-year-old daughters, S.B. and S.B., pursuant to Iowa Code sections 232.116(1)(d), (e), (g), and (k) (1999). Georgia does not challenge the sufficiency of the evidence supporting the statutory grounds for termination. Instead, she argues that the department of human services failed to make reasonable efforts to reunite her with her children or provide services that reasonably accommodated her mental health condition, in violation of the Americans with Disabilities Act.

We find Georgia has failed to preserve error on either issue raised on appeal. Not only the sufficiency of services but also the issue of reasonable accommodation should be raised at the removal or review hearing or when services are offered. In re C.M., 526 N.W.2d 562, 566 (Iowa Ct.App. 1994); In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct.App. 1994). It is too late to challenge the service plan at the termination hearing. L.M.W., 518 N.W.2d at 807. No evidence appears in the record that Georgia challenged the services at the appropriate times. We accordingly decline to address these issues on appeal.

AFFIRMED.


Summaries of

In the Interest of S.B., 01-1640

Court of Appeals of Iowa
May 31, 2002
No. 2-333 / 01-1640 (Iowa Ct. App. May. 31, 2002)
Case details for

In the Interest of S.B., 01-1640

Case Details

Full title:IN THE INTEREST OF S.B. and S.B., Minor Children, G.B., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: May 31, 2002

Citations

No. 2-333 / 01-1640 (Iowa Ct. App. May. 31, 2002)