IN THE COURT OF APPEALS OF IOWA
No. 2-471 / 01-2002
Filed June 19, 2002
IN THE INTEREST OF R.D.M. and A.D.M.,
Minor Children,
A.M., and D.M., Parents,
Appellants.
Appeal from the Iowa District Court for Dickinson County, David
Larson, District Associate Judge.
Parents appeal the decision of the juvenile court that terminated
their parental rights to their two minor children. AFFIRMED.
Michael Johnson of Stoller & Johnson, Spirit Lake, for appellants.
Thomas J. Miller, Attorney General, M. Elise Pippin, Assistant
Attorney General, Edward Bjornstad, County Attorney, and Jack Bjornstad,
Assistant County Attorney, for appellee-State.
Shannon Sandy of Sandy Law Firm, P.C., Spirit Lake, guardian ad litem
for minor children.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
MAHAN, P.J.
Parents appeal the decision of the juvenile court that terminated
their parental rights to their two minor children. They claim the State
did not present sufficient evidence to justify termination of their
parental rights. We affirm.
Darnell and Amie are the parents of Reese, born in April 1999, and
Arielle, born in May 2000. Reese was diagnosed with failure to thrive, and
he had some developmental delays. He was removed from the home in February
2000. After he was placed in foster care he made significant gains in all
areas. As noted above, Arielle was born in May 2000. She was removed in
September 2000, when the parents became homeless. The children were
adjudicated to be children in need of assistance (CINA).
Both parents have a history of substance abuse. They did not
successfully complete treatment. The parents had limited understanding of
child development. Despite the parents' good intentions, they did not
progress to the point where the children could safely be returned to their
care.
In May 2001 the State filed a petition to terminate the parental
rights of Darnell and Amie. The juvenile court terminated the parents'
rights under Iowa Code sections 232.116(1)(d) (child CINA for neglect,
circumstances continue despite receipt of services) and (h) (child is three
or younger, child CINA, removed from home for six of last twelve months,
and child cannot be returned home) (2001).[1]
The parents claim the State did not present sufficient evidence to
establish that their parental rights should be terminated. They claim they
are capable of meeting the children's needs, including their medical needs.
They also claim that their financial circumstances prevented them from
completing substance abuse treatment and this was the only factor
preventing the children from returning to their care.
Unfortunately, the record shows clear and convincing evidence that the
parents cannot meet the children's needs. There were still concerns about
the parents' substance abuse problems. The parents did not seek
alternative means of payment, but simply quit attending. Also, their home
continued to present hazards to the children. On our de novo review, we
determine there is sufficient evidence to warrant termination of the
parents' rights.
We affirm the decision of the juvenile court.
AFFIRMED.
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[1] The juvenile court actually cited to Iowa Code sections 232.116(1)(c)
and (g), but because this section was amended effective April 24, 2001, we
will use the redesignated code sections.
