IN THE INTEREST OF K.C., Minor Child, S.R.F., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-797 / 07-1609
Filed October 24, 2007
IN THE INTEREST OF K.C.,
Minor Child,
S.R.F., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Louise M. Jacobs,
District Associate Judge.
A mother appeals from the order terminating her parental rights.
AFFIRMED.
David Erickson, Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, John P. Sarcone, County Attorney, and Chris Gonzales,
Assistant County Attorney, for appellee State.
Charles Fuson of the Youth Law Center, Des Moines, for minor child.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
2
ZIMMER, J.
A mother appeals from a juvenile court order terminating her parental
rights to her daughter. We affirm.
S.F. is the mother of K.C., who was born in 2003. K.C. was removed from
her mother’s custody during January 2007 after a search warrant was executed
at S.F.’s home.
Law officers found methamphetamine in the home, and the
mother admitted she had been using methamphetamine almost daily since
December 2005. K.C. was subsequently adjudicated to be in need of assistance.
In May 2007 S.F. pled guilty to possession of a controlled substance with
the intent to deliver and child endangerment. The State filed a petition seeking to
terminate S.F.’s parental rights on May 24, 2007. Following a hearing on that
petition, the court terminated S.F.’s rights pursuant to Iowa Code sections
232.116(1)(d), (e), and (l) (2007). S.F. appeals from this order.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824
(Iowa 1991). Our primary concern is the best interests of the child. In re C.B.,
611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proved
by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000).
On appeal, S.F. does not contend the State failed to offer clear and
convincing evidence supporting termination under any of the provisions cited by
the juvenile court in its termination order. Instead, the mother simply asserts,
without elaboration, that her parental rights “should be reinstated.” The only legal
authority cited by the mother is Iowa Code section 232.116(3)(c). That section
provides that the juvenile court need not terminate the relationship between
parent and child if the court finds “[t]here is clear and convincing evidence that
3
the termination would be detrimental to the child at the time due to the closeness
of the parent-child relationship.” However, the juvenile court did not address
section 232.116(3)(c) in its termination order. 1 Accordingly, we agree with the
State that the mother has not preserved any alleged error for our review.
Even if error had been preserved, we would conclude the court properly
terminated S.F.’s parental rights.
S.F. has a chronic and severe substance
abuse problem. The mother was using and selling drugs when her daughter was
removed from her care. K.C. tested positive for methamphetamine when the
child in need of assistance proceeding began. S.F. has been sentenced to serve
twenty-five years in prison. Her earliest parole date is March 2009. Because of
her criminal acts and incarceration, S.F. has not been able to maintain significant
and
meaningful
contact
with
her
daughter.
S.F.
has
been
using
methamphetamine for about twelve years. The juvenile court correctly found the
mother’s prognosis indicates that her child could not be returned to her care
within a reasonable period of time. K.C. has been placed in her current foster
home since February 2007. She is thriving in a secure, drug-free environment.
The child is in a pre-adoptive placement and needs permanency in her life.
Upon our de novo review, we conclude the State presented clear and
convincing evidence supporting the statutory grounds for termination relied on by
the juvenile court. We also conclude termination is in the best interests of K.C.
We therefore affirm the termination of S.F.’s parental rights.
AFFIRMED.
1
An issue not presented to and passed on by the juvenile court may not be raised for
the first time on appeal. In re K.C., 660 N.W.2d 29, 38 (Iowa 2003).
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