Opinion
No. 2-321 / 01-1276.
Filed June 19, 2002.
Appeal from the Iowa District Court for Polk County, JOE SMITH, District Associate Judge.
The mother of two minor children appeals the juvenile court order terminating her parental rights. AFFIRMED.
Marla Suddreth, Bondurant, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Jon Anderson, Assistant County Attorney, for appellee-State.
Jacqueline Stetson-Rypma, Des Moines, guardian ad litem for minor child.
Considered by Sackett, C.J., and Huitink and Hecht, JJ.
The mother of two minor children appeals the juvenile court order terminating her parental rights. On appeal, she contends the juvenile court erred in (1) finding clear and convincing evidence to terminate her parental rights, (2) not granting her additional time for reunification, and (3) finding by clear and convincing evidence that termination was in the best interest of the children. We affirm.
I. Background Facts and Proceedings. Dawn is the mother of William, born November 8, 1998, and Angel, born July 7, 2000. Shortly after William's birth, a child in need of assistance petition (CINA) was filed on his behalf due to the previous adjudications of Dawn's four older children. The petition alleged Dawn's abuse of drugs and alcohol and failure to provide basic care and housing for William's four older siblings.
On November 10, 1998, Dawn and William entered the House of Mercy program. William was adjudicated a child in need of assistance, but permitted to stay in the legal custody of his mother as long as she resided at the House of Mercy. While in the program, Dawn completed a psychosocial evaluation which resulted in diagnosis of paranoid personality disorder with avoidant personality traits in addition to passive aggressive, schizoid, and dependant personality disorders. On October 6, 1999, Dawn was discharged from the program with the determination she had reached maximum benefit and William was removed from her care.
On February 23, 2000, the court terminated Dawn's parental rights to her four older children. The juvenile court noted during visitation "Dawn becomes frustrated and overwhelmed and resorts to her past pattern of ineffective supervision." The court found that it was "clear from [Dawn's] testimony that she continues to lack the insight to understand and internalize the impact her past actions have had on [her children's] mental and emotional development."
On July 7, 2000, Angel was born. She was immediately removed from Dawn's care. On July 10, 2000, a child in need of assistance petition was filed alleging the termination of her parental rights to her four other children as well as Dawn's "failure to protect her children from abuse, leaving her children with inadequate caregivers, failure to provide sanitary, adequate shelter, failure to supervise, failure to follow through with recommended services and failure to provide her children with needed medical treatment." Angel was placed in family care and Dawn was granted supervised visitation.
On May 14, 2001, a termination hearing was held for both William and Angel. The court terminated Dawn's parental rights pursuant to Iowa Code sections 232.116(1)(c), (f), and (g) (1999). The court also terminated the parental rights of the children's fathers. Only Dawn appeals.
II. Scope of Review. Our review of child in need of assistance proceedings is de novo. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001). We review both the facts and the law, and we adjudicate rights anew. Id. As in all juvenile proceedings, our fundamental concern is the best interests of the child. In re E.H. III, 578 N.W.2d 243, 248 (Iowa 1998).
III. Sufficiency of the Evidence. Dawn contends the juvenile court erred in finding clear and convincing evidence to support termination. Although Dawn claims error as to many of the statutory grounds found by the juvenile court, "we need only find ground to terminate under one of the sections cited by the juvenile court to affirm." In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999) (citations omitted).
We find clear and convincing evidence in the record to show the children cannot be returned to Dawn's care at the present time. See Iowa Code § 232.116(1)(g). Dawn suffers from a borderline personality disorder that makes it difficult for her to develop and form bonding relationships. During extended supervised visitation, Dawn is unable to actively engage the children throughout the visits or provide for their emotional needs. Moreover, testimony at trial indicated she is unable to attend to both children at the same time. Dawn's husband was on probation for third-degree burglary at the time of the termination hearing and had pled guilty to two domestic abuse charges and possession of a controlled substance. He has a son under the jurisdiction of the juvenile court and currently owes $4,000.00 in back child support. The overwhelming evidence shows termination was appropriate under section 232.116(1)(g).
IV. Additional Time. Dawn contends the juvenile court should have granted her additional time to continue participating in services. The State notes Dawn does not indicate how error was preserved on this issue. We agree and decline to address it. See Iowa R. App. P. 6.14(e) ("Each division of the argument shall . . . state how the issue was preserved for review, with references to the places in the record where the issue was raised and decided.").
V. Best Interests of the Children. Even if the statutory requirements for termination of parental rights are met, the decision to terminate must still be in the best interests of the child. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994). In determining the best interests of a child, the court looks to the child's long-range and immediate interests. In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). The court must consider the physical, mental, and emotional condition and needs of the child in deciding to terminate parental rights. In re C.W., 554 N.W.2d 279, 282 (Iowa Ct.App. 1996).
We conclude termination is in the best interests of the children. We find no credible evidence in the record tending to prove Dawn will be able to parent and safely supervise the children in the foreseeable future. The children require a stable and safe home, which they currently have in pre-adoptive placement.
We affirm the decision of the juvenile court terminating Dawn's parental rights to her children.
AFFIRMED.