IN THE INTEREST OF C.P., Minor Child, S.P., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-419 / 07-0756
Filed June 13, 2007
IN THE INTEREST OF C.P., Minor Child,
S.P., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Clay County, Donavon D.
Schaefer, District Associate Judge.
Mother appeals the termination of her parental rights to her child.
AFFIRMED.
Fred Blake Perkins of Thul Law Firm, Whittemore, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Michael J. Houchins, County Attorney, and Charles K. Borth,
Assistant County Attorney, for appellee.
John P. Greer, Spencer, guardian ad litem for minor child.
Considered by Mahan, P.J., and Eisenhauer and Baker, JJ.
2
EISENHAUER, J.
A mother appeals the termination of her parental rights to her child. She
contends the court erred in failing to make a specific finding that the grounds for
termination were proved by clear and convincing evidence. She did not file a
motion to enlarge pursuant to Iowa Rule of Civil Procedure 1.904(2) and
therefore error is not preserved. See In re A.M.H., 516 N.W.2d 867, 872 (Iowa
1994).
Even if error was preserved, upon de novo review of the entire record, In
re C.H., 652 N.W.2d 144, 147 (Iowa 2002), we conclude there is clear and
convincing evidence to warrant termination pursuant to Iowa Code section
232.116(1)(f) (2007). There is no dispute the first three elements have been
proved. Additionally, there is clear and convincing evidence the child cannot be
returned to the mother’s custody.
See Iowa Code § 232.116(1)(f)(4).
The
evidence shows the mother does not have the ability to appropriately care for or
protect her child at the present time and would be unable to resume care for the
child in the immediate future.
We also note with approval the trial court’s
observation of the child’s rapid development after placement in foster care and
conclusion that termination is in the child’s best interest. Accordingly, we affirm.
AFFIRMED.
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