Opinion
No. 2-1023 / 02-1876
Filed January 15, 2003
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
Mother appeals from the order terminating her parental rights to her four children. AFFIRMED.
Joseph Flannery, Le Mars, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Dewey Sloan, Assistant County Attorney, for appellee-State.
Considered by Vogel, P.J., and Zimmer and Hecht, JJ.
Marchelle Denker of the Juvenile Law Center, Sioux City, guardian ad litem for minor children.
Connie S. is the mother of Wayne M., who was born on December 27, 1992, Cody M., who was born on February 25, 1998, Isabella M., who was born on December 29, 1999, and Andrew S., who was born on October 7, 2001. On February 15, 2001, the juvenile court adjudicated Wayne, Cody, and Isabella to be in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(b) and (c)(2) (2001), based on physical abuse, neglect, and lack of supervision of the children. A May 14, 2001, dispositional order placed the three children with their father Vernon M. At the time, Connie was pregnant with Andrew. Following a subsequent August 21, 2001 removal, the three oldest children were placed in foster care. Andrew was removed from Connie's custody on September 12, 2001, and he was adjudicated CINA on September 12, 2001, pursuant to sections 232.2(6)(b), (c)(2), (g), and (h).
On July 18, 2002, the State filed a petition to terminate Connie's parental rights to all four children. Following a trial, the court terminated Connie's parental rights to the children pursuant to section 232.116(1)(d), (e), (f), and (h) (Supp. 2001). Connie appeals from this order.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated Connie's 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). Our primary concern is the best interests of the children . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
In order to support the termination under section 232.116(1)(d), the State had to prove by clear and convincing evidence that (1) the court has previously adjudicated the child, or a child who is a member of the same family, to be in need of assistance after a finding the child has been physically or sexually abused or neglected, and (2) the parents were offered services to correct the circumstances which led to adjudication, and the circumstances continue to exist. Based on our de novo review of the record, we conclude the juvenile court properly terminated Connie's parental rights under the authority of this provision.
As noted above, Wayne, Cody, and Isabella were adjudicated CINA after evidence was presented that Connie and her boyfriend had both struck and otherwise physically abused them, leaving bruises, scabs, scratches, and other marks on their bodies. The State provided extensive services to Connie in an attempt to preserve her family relationship, including a psychological evaluation and recommendations by Catholic Charities, family/individual therapy and parental skill development also by Catholic Charities, services provided by the Crittenton Center for the children, supervised visitation services, and finally a second psychological evaluation by Carol Scheinost. Despite the receipt of these services, Connie continues to engage in serial relationships with dangerous and unstable men and fails to meaningfully internalize concepts taught by providers. We find no reason to believe the circumstances which initially led to CINA adjudication do not continue to exist. Accordingly, we find termination is in the children's best interests, and therefore affirm the order terminating Connie's parental rights.