IN THE INTEREST OF D.C., K.C., and M.D., Minor Children, P.C. and S.D., Parents, Appellants.
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IN THE COURT OF APPEALS OF IOWA
No. 6-802 / 06-1412
Filed October 25, 2006
IN THE INTEREST OF D.C., K.C., and M.D.,
Minor Children,
P.C. and S.D., Parents,
Appellants.
________________________________________________________________
Appeal from the Iowa District Court for Humboldt County, James A.
McGlynn, Associate Juvenile Judge.
A mother of three children and the father of two appeal the termination of
their parental rights to their children. AFFIRMED.
Gregory Stoebe of Stoebe Law Office, Humboldt, for appellants.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, and Paul M. Walter, County Attorney, for appellee.
Robert Lee of Arends & Lee, Humboldt, guardian ad litem for minor
children.
Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.
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EISENHAUER, J.
The mother of all three children and the father of two appeal the
termination of their parental rights to their children. They do not suggest the
State failed to prove the grounds for termination by clear and convincing
evidence. Instead, they argue the State failed to make reasonable efforts to
reunite them with their children. We review their claim de novo. In re C.H., 652
N.W.2d 144, 147 (Iowa 2002).
At the termination hearing, the mother and father requested an additional
ninety days to allow reunification with their children by increasing visitation and
providing the father with inpatient treatment for substance abuse. To the extent
they are requesting additional services, we conclude they have failed to preserve
this issue. See In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct. App. 1994) (holding
a challenge to the sufficiency of services should be raised in the course of the
child in need of assistance proceedings).
We conclude termination is proper. Both parents have substance abuse
problems for which they received treatment during the pendency of this case.
Despite the treatment and the need to overcome these substance abuse
problems to regain custody of the children, the parents tested positive for drug
use over half of the times they were tested. They tested positive most recently
on June 6, 2006, less than one month prior to the termination hearing. We can
judge the parents’ future behavior by their past actions. See In re K.F., 437
N.W.2d 559, 560 (Iowa 1989). Children should not be forced to endlessly await
the maturity of a natural parent. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000).
At some point, the rights and needs of the child rise above the rights and needs
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of the parent. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App. 1997). That
time is now. The order terminating parental rights is affirmed.
AFFIRMED.
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