IN THE INTEREST OF D.A.C.-J., Minor Child, K.M.G., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-770 / 07-1171
Filed October 24, 2007
IN THE INTEREST OF D.A.C.-J., Minor Child,
K.M.G., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Carol S. Egly, District
Associate Judge.
A mother appeals the termination of her parental rights to her child.
AFFIRMED.
Kerri Keyte of Marks Law Firm, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, John P. Sarcone, County Attorney, and Kevin Brownell,
Assistant County Attorney, for appellee.
Kimberly Ayotte, Youth Law Center, Des Moines, guardian ad litem for
minor child.
Considered by Huitink, P.J., and Miller and Eisenhauer, JJ.
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EISENHAUER, J.
A mother appeals the termination of her parental rights to her child. She
contends the State failed to prove the grounds for termination by clear and
convincing evidence and termination is not in the child’s best interest. We review
these claims de novo. See 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), (g), and (h) (2007). We need only find termination proper
on one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct. App.
1995). Termination is proper pursuant to section 232.116(1)(g) where:
(1) The child has been adjudicated a child in need of assistance
pursuant to section 232.96.
(2) The court has terminated parental rights pursuant to section
232.117 with respect to another child who is a member of the same
family.
(3) There is clear and convincing evidence that the parent
continues to lack the ability or willingness to respond to services
which would correct the situation.
(4) There is clear and convincing evidence that an additional period
of rehabilitation would not correct the situation.
There is no dispute the first two elements have been proved. Upon de novo
review, we conclude the remaining elements were also established by clear and
convincing evidence.
The mother has previously had her parental rights to four other children
terminated on separate occasions. Between 2002 and 2006, the district court
found the mother received the following services:
DHS Child Protective Services, family centered in-home services,
supervised visitation, two psychological evaluations, parenting
classes, individual therapy, Broadlawns PATH program, visiting
nurse services, promised jobs, protective daycare, bus tokens,
FADDS program, House of Mercy Healthy Transitions Program,
Lighthouse residential program, Family Violence Center, and the
MTA Wages program.
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Following the commencement of this case, the mother was offered supervised
and semi-supervised visitation, bus tokens and referrals, family team meetings,
an evaluation for depression, weekly sessions at the Family Violence Center,
parenting classes, and the PATH program.
Despite the offer or receipt of these services, the mother has not
adequately addressed the concerns regarding her ability to safely parent her
child.
She has untreated mental health issues and a lengthy history of
involvement with abusive men. The child was removed from the mother’s care
after a man thought to be child’s father beat the mother with a table leg. The
child, one month old, was in her mother’s arms at the time and was fortunate to
avoid serious injury or death.
Questions about the mother’s involvement in
unhealthy relationships continued to exist at the time of the termination hearing.
The future can be gleaned by the mother’s past performance. See In re T.B.,
604 N.W.2d 660, 662 (Iowa 2000). We conclude clear and convincing evidence
supports termination as the mother continues to lack the ability or willingness to
respond to services that would correct the situation and an additional period of
rehabilitation would not correct the situation.
Termination is also in the child’s best interest. Additional time would not
ensure the mother would make the necessary changes to allow her to parent the
child. The child should not be forced to suffer in parentless limbo endlessly. See
In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997). While the law requires a
“full measure of patience with troubled parents who attempt to remedy a lack of
parenting skills,” this patience has been built into the statutory scheme of chapter
232. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000). Children should not be
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forced to endlessly await the maturity of a natural parent. Id. 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). Accordingly, we affirm.
AFFIRMED.
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