IN THE INTEREST OF T.C.-R., Minor Child, C.C., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 6-762 / 06-1260
Filed October 11, 2006
IN THE INTEREST OF T.C.-R.,
Minor Child,
C.C., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Joe Smith, District
Associate Judge.
A mother appeals from the order terminating her parental rights.
AFFIRMED.
Jane Orlanes of Orlanes Law Office, P.L.C., Des Moines, for appellant
mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, John Sarcone, County Attorney, and Christina M. Gonzales,
Assistant County Attorney, for appellee State.
Emily Carr and Jerry Foxhoven of the Drake Legal Clinic, Des Moines, for
minor child.
Considered by Huitink, P.J., and Mahan and Zimmer, JJ.
2
HUITINK, P.J.
Tyler, born in February 2005, was removed from his mother’s care in June
2005 because she was using methamphetamine. He was adjudicated a child in
need of assistance (CINA) in August 2005.
In July 2006 the juvenile court
terminated the mother’s parental rights pursuant to Iowa Code sections
232.116(1)(d), (g), (h), and (l) (2005). 1 The mother raises the following issues on
appeal: (1) the State “failed to provide reasonable efforts,” (2) the juvenile court
erred in terminating her parental rights under section 232.116(1)(d), and
(3) termination of her parental rights was not in Tyler’s best interests. We review
her claims de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
The mother asserts the State failed to make reasonable efforts to reunite
her with Tyler by providing the additional visits she requested. See id., at 49293. We assume without deciding that the mother has preserved error on this
issue. The mother’s request for additional visitation came within several weeks
of the termination hearing. She had not requested additional services at prior
review hearings. The State denied the increased visitation request primarily due
to the mother’s short-term period of sobriety and long-standing substance abuse
issues.
We find the State made reasonable efforts to reunify Tyler and his
mother.
Although her parental rights were terminated on four separate statutory
grounds, the mother raises only one of the four grounds in her appeal. Her
failure to raise the remaining three statutory grounds for termination waives any
claim of error related to those grounds, see Iowa R. App. P. 6.14(1)(c), and
1
Tyler’s father does not appeal the termination of his parental rights.
3
accordingly requires us to affirm the juvenile court’s order terminating the
mother’s parental rights. See In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999)
(when the juvenile court terminates parental rights on more than one statutory
ground, we need only find termination proper under one ground to affirm).
Even if the statutory requirements for termination are met, the decision to
terminate must still be in the child’s best interests. In re M.S., 519 N.W.2d 398,
400 (Iowa 1994). Tyler has been out of his mother’s care for most of his young
life. The court previously terminated the mother’s parental rights to two older
children due to the mother’s substance abuse. The mother was inconsistent with
visitation and admits in her brief that she “was less than compliant with services”
through most of the pendency of this case. As the juvenile court noted, the
mother’s cooperation with services came “too little too late.” We agree with the
juvenile court that termination will allow Tyler “to take his place in a safe and
stable home where he can grow to adulthood, presumably without dealing with
the vicissitudes inherent in the lives of persons who use illicit drugs.”
Accordingly, we conclude termination of parental rights is in Tyler’s best
interests.
AFFIRMED.
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