IN THE INTEREST OF L.D. and Z.B., Minor Children, M.R.B., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 6-889 / 06-1509
Filed November 16, 2006
IN THE INTEREST OF L.D. and Z.B.,
Minor Children,
M.R.B., Mother,
Appellant.
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Appeal from the Iowa District Court for Tama County, Michael J.
Newmeister, District Associate Judge.
A mother appeals from the termination of her parental rights. AFFIRMED.
John L. Thompson, Tama, for appellant mother.
Fred Stiefel, Victor, for father.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Brent D. Hereen, County Attorney, and Richard R. VanderMey,
Assistant County Attorney, for appellee State.
Daniel Rathjen, Tama, for minor children.
Considered by Huitink, P.J., and Vogel and Eisenhauer, JJ.
2
HUITINK, P.J.
A mother appeals from the termination of her parental rights to her
children.
She raises the following issues on appeal: (1) the State “failed to
present proper proof of tribal custom by a qualified expert as required by the
Indian Child Welfare Act” (ICWA) 1 and (2) “On a de novo review of the facts and
law the court of appeals should enter a finding that parental rights of appellant
should not be terminated.” Our review is de novo. In re C.B., 611 N.W.2d 489,
492 (Iowa 2000).
The mother does not cite to any portion of the record where she raised the
issue of “proper proof of tribal custom by a qualified expert” before the juvenile
court. Furthermore, she provides no argument to support this assignment of
error. Therefore, we deem the issue waived on appeal. See Iowa R. App. P.
6.14(1)(c); In re W.R.C., 489 N.W.2d 40, 41 (Iowa Ct. App. 1992).
As for the mother’s second assignment of error, the mother waives any
claims of error concerning the statutory grounds for termination by failing to raise
such claims in her appeal. 2 See Iowa R. App. P. 6.14(1)(c). Therefore, we affirm
the termination of her parental rights on statutory grounds. To the extent she
argues termination was not in the children’s best interests, we disagree. Due to
1
See In re S.M., 508 N.W.2d 732, 735 (Iowa Ct. App. 1993) (explaining that pursuant to
the ICWA, the juvenile court must consider the testimony of a qualified expert witness
prior to the termination of the parental rights of the child’s parent or Indian custodian);
see also Iowa Code § 232B.10 (2005). The children’s maternal grandmother is an
enrolled member of the Sac and Fox Tribe of the Mississippi in Iowa, and the mother
and children were living with her on the settlement when the children first came to the
attention of the Iowa Department of Human Services. Neither the children nor their
mother are enrolled members of the tribe, or eligible for enrollment.
2
The mother’s parental rights were terminated pursuant to Iowa Code sections
232.116(1)(e), (f), and (i).
3
the mother’s ongoing substance abuse problems, her continued association with
registered sex offenders, and her failure to adequately address these and other
problems, termination was in the children’s best interests.
AFFIRMED.
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