IN THE INTEREST OF E.V. and D.V., Minor Children, H.A., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 6-934 / 06-1510
Filed November 30, 2006
IN THE INTEREST OF E.V. and D.V.,
Minor Children,
H.A., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Washington County, Lucy J.
Gamon, District Associate Judge.
A mother appeals the termination of her parental rights to her children.
AFFIRMED.
Jeffrey L. Powell of Tindal & Kitchen, P.L.C., Washington, for the mother.
Noelle Murray, Coralville, for the father.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, and Barbara A. Edmondson, County Attorney, for appelleeState.
Kathryn J. Salazar, Washington, guardian ad litem for minor children.
Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.
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EISENHAUER, J.
A mother appeals the termination of her parental rights to her children.
She contends the State failed to prove the grounds for termination by clear and
convincing evidence. She further contends termination is not in the children’s
best interest.
She requests the termination order be reversed and she be
granted an additional six months to resume care of her children pursuant to Iowa
Code section 232.104(2)(b) (2005). We review her claims de novo. In re C.H.,
652 N.W.2d 144, 147 (Iowa 2002).
The mother’s parental rights were terminated pursuant to Iowa Code
sections 232.116(1)(d) and (f). We need only find termination proper under one
ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct. App. 1995). We
conclude termination is appropriate under section 232.116(1)(f).
There is no
dispute both children are four years of age or older, have been adjudicated in
need of assistance, and have been removed from their mother’s physical care for
at least twelve of the last eighteen months. See Iowa Code § 232.116(1)(f)(1)(3).
The only dispute is as to whether the children can be returned to the
mother’s care as provided in section 232.102.
We find clear and convincing evidence proves the children cannot be
retuned to their mother’s care. At the time of termination, the mother did not
have appropriate housing for the children despite receiving services over the
course of a year to resolve this deficiency. She was living with a man who has
criminal convictions for theft and domestic abuse.
Although the mother had
obtained a voucher for Section 8 housing and had found a suitable apartment to
rent, the mother needed to demonstrate she had more than thirty hours per week
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of employment available to her. She had requested her employer to send the
verification of her hours to the housing authority, but there was no evidence
presented at the hearing that it had received the verification. Furthermore, the
mother has been unable to obtain permanent employment, having only worked
sporadically for temporary employment agencies over the course of the year.
The mother worked thirty hours in the week preceding the termination hearing,
but had not previously attained this feat. At the termination hearing, the mother
acknowledged the children could not be returned to her care. The issues that led
to the children’s removal continued to exist one year later, despite the mother’s
receipt of services.
We further conclude termination is in the children’s best interest. Although
the mother made some progress while this case was pending, she never
progressed past the point of supervised visitation with her children.
She
continued to be involved with men who posed a risk to her or her children’s wellbeing. Although the children are bonded to their mother, she has a long history
of abuse and neglect of the children, extending back nearly six years. We note
with approval the following statement by the trial court:
[The mother] has the best of intentions for establishing a stable
living environment for herself and her children. Unfortunately, the
Court has no confidence that these intentions and expectations are
likely to be fulfilled. Allowing [the mother] to have additional time in
this case would seem to be merely prolonging the inevitable
outcome of this case.
The mother’s past actions are evidence of the future quality of her care. See In
re T.B., 604 N.W.2d 660, 662 (Iowa 2000). The children have progressed in
foster care and need permanency in their lives. Children should not be forced to
endlessly await the maturity of a natural parent. In re C.B., 611 N.W.2d 489, 494
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(Iowa 2000). At some point, the rights and needs of the child rise above the
rights and needs of the parent. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App.
1997).
Termination will allow the children an opportunity at permanency the
mother cannot provide. Accordingly, we affirm the district court order terminating
the mother’s parental rights.
AFFIRMED.
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