IN THE INTEREST OF C.D., K.C., K.R., and K.S., Minor Children, V.C., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-923 / 07-1437
Filed December 12, 2007
IN THE INTEREST OF C.D., K.C., K.R., and K.S.,
Minor Children,
V.C., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Henry County, Michael Dieterich,
District Associate Judge.
A mother appeals from the order terminating her parental rights to four
children. AFFIRMED.
Laura M. Krehbiel of Law Office of Laura M. Krehbiel, Donnellson, for
appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, and Darin Stater, County Attorney, for appellee.
Alan Waples, Burlington, for father.
Richard J. Bell of Bell Law Office, Mt. Pleasant, guardian ad litem for
minor children.
Considered by Sackett, C.J., Vaitheswaran and Baker, JJ.
2
SACKETT, C.J.
A mother appeals from the juvenile court order terminating her parental
rights to four children. 1 She contends the statutory grounds for termination are
not supported by clear and convincing evidence and termination is not in the best
interest of the children. We affirm.
I. Background
Victoria is the mother of Christian, born in November of 2001, Kallee, born
in January of 2003, Kelly, born in July of 2004, and Kelsey, born in July of 2005.
The children were placed voluntarily with their maternal great-aunt in August of
2005 following allegations of abuse and neglect by the mother or her live-in
paramour. The court found the children in need of assistance in September of
2005 based on the physical abuse and neglect and Victoria’s substance abuse.
The court ordered the continued placement in family foster care for the three
older children, but returned the infant Kelsey to Victoria’s care with protective
supervision. In December of 2005, following Victoria’s arrest for forgery, all four
children were placed in the custody of the Department of Human Services for
placement in foster care.
Subsequent review and permanency hearings
continued the children’s placement outside Victoria’s home.
The State petitioned to terminate Victoria’s parental rights to all four
children in February of 2007. Following a hearing in May, the court in August
ordered termination of her parental rights. It found clear and convincing evidence
to terminate her parental rights to all the children under Iowa Code sections
232.116(1)(d), (e), and (l) (2007). It found the evidence supported termination of
1
The court also terminated the parental rights of the father of each child, but none of the
fathers are involved in this appeal.
3
her parental rights to Christian and Kallee under sections 232.116(1)(f) and (i).
The court also found evidence supported termination of Victoria’s parental rights
to Kelly under sections 232.116(1)(h) and (i) and to Kelsey under sections
232.116(1)(j) and (i).
During the pendency of these proceedings, Victoria was incarcerated from
January of 2006 until January of 2007, at which time she was released and
paroled.
She was incarcerated again beginning in April and remained
incarcerated at the time of the termination hearing and order. 2
II. Scope of Review
We review orders terminating parental rights de novo. Iowa R. App. P.
6.4; In re K.N., 625 N.W.2d 731, 733 (Iowa 2001). The statutory grounds for
termination must be supported by clear and convincing evidence. In re T.B., 604
N.W.2d 660, 661 (Iowa 2000). We give weight to the findings of the juvenile
court, especially concerning the credibility of witnesses, but are not bound by
them. Iowa R. App. P. 6.14(6)(g). When the court terminates parental rights on
more than one statutory ground, we may affirm if any of the grounds cited are
supported by clear and convincing evidence. In re S.R., 600 N.W.2d 63, 64
(Iowa Ct. App. 1999).
III. Analysis
Statutory Grounds. We first note Victoria has not directly challenged the
statutory grounds for termination under section 232.116(1)(d) (all children) or (j)
(Kelsey). Consequently, any such challenge is waived. See Iowa R. App. P.
6.14(1)(c) (“Failure in the brief to state, to argue or to cite authority in support of
2
Victoria testified at the termination hearing that she would go before the parole board in
November of 2007.
4
an issue may be deemed waiver of that issue.”). We affirm the termination of her
parental rights on those statutory grounds. In addition, Victoria was incarcerated
at the time of the termination hearing in May and had no prospect of release
before going before the parole board in November. We find clear and convincing
evidence the children could not be returned to her care at the time of the
termination hearing and affirm the termination of her parental rights under
sections 232.116(1)(f) (Christian and Kallee) and (h) (Kelly and Kelsey).
Best Interest.
Having determined grounds for termination have been
established by clear and convincing evidence, we must next determine whether it
is in the children’s best interests to terminate parental rights. In re M.S., 519
N.W.2d 398, 400 (Iowa 1994). When determining a child's best interests, we
look to both the child’s long-range and immediate interests. In re M.N.W., 577
N.W.2d 874, 875 (Iowa Ct. App. 1998).
Victoria has mental and substance abuse issues.
She has not
demonstrated the ability to remain free from illegal drugs except while
incarcerated.
Victoria has not provided adequate supervision, protection, or
medical care for her children—resulting in two founded abuse reports prior to the
children’s removal from her care. Since the children’s removal from her care,
Victoria has not adequately addressed issues of substance abuse, domestic
abuse, mental health, physical abuse, and criminal activity. “A child's safety and
the need for a permanent home are now the primary concerns when determining
a child’s best interests.” In re J.E., 723 N.W.2d 793, 801 (Iowa 2006) (Cady, J.,
concurring specially) (internal citation omitted). Victoria can provide neither.
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Victoria argues that she “and her family believe the children are bonded to
[her] and that she loves them very much.” Iowa Code section 232.116(3)(c)
allows a court the discretion not to terminate parental rights “if there is clear and
convincing evidence that the termination would be detrimental to the child at the
time due to the closeness of the parent-child relationship.” We do not find such
evidence in the record before us. Victoria also argues there is family “willing and
able to care for the children.” Although the children initially were placed with
Victoria’s aunt, they were removed just a few months later. They have been in
foster care since that time.
We find clear and convincing evidence that termination of Victoria’s
parental rights to Christian, Kallee, Kelly, and Kelsey best serves their interest.
We affirm the termination of Victoria’s parental rights.
AFFIRMED.
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