In the Interest of B.B., C.B., and D.B. Minor Child, D.A., Mother ( 2017 )

IN THE COURT OF APPEALS OF IOWA
No. 17-0400
Filed June 21, 2017
IN THE INTEREST OF B.B., C.B., and D.B.
Minor Child,
D.A., Mother,
Appellant.
______________________________________________________________
Appeal from the Iowa District Court for Polk County, Colin J. Witt, District
Associate Judge.
A mother appeals the juvenile court decision terminating her parental
rights. AFFIRMED.
Sarah E. Dewein of Cunningham & Kelso, P.L.L.C, Urbandale, for
appellant.
Thomas J. Miller, Attorney General, and Anagha Dixit, Assistant Attorney
General, for appellee State.
Michael R. Sorci of Youth Law Center, Des Moines, guardian ad litem for
minor children.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
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BOWER, Judge.
A mother appeals the juvenile court decision terminating her parental
rights to three of her five children.1 We find there is sufficient evidence to support
termination of the mother’s rights pursuant to Iowa Code section 232.116(1)(d)
(2016). We also find termination is in the best interests of the children, no
additional time should be granted, and no exceptions apply to preclude
termination. Accordingly, we affirm the juvenile court.
I. Background Facts and Proceedings
The three children involved in this appeal came to the attention of the Iowa
Department of Human Services (DHS) July 14, 2015, due to reports of the
mother’s substance abuse and her husband’s, the father of some of the children,
incarceration. Removal was ordered three days later and the children were
placed with their maternal grandmother.
Prior to removal the family often moved, sometimes staying in motels.
The children were repeatedly exposed to the parents’ use of methamphetamine
and marijuana. The children also reported the parents would watch pornography
and have sex while the children were in the room. Additionally, the father was
violent, the mother was unable to protect the children from the father, and the
mother struck the children.
When the children were removed, the mother was homeless. During
much of the underlying child in need of assistance (CINA) proceedings, the
mother was unable to be located. The mother had substance abuse issues but
did not complete treatment. The mother diagnosed herself with depression but
1
The children’s fathers take no part in the appeal.
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she took no steps to address her mental-health concerns. Occasionally, the
mother would shower at the grandmother’s home but participated in no other
visitation nor did she show an interest in the children’s therapy.
The mother now claims she is employed part-time and has stable housing,
but at the time of the termination hearing, DHS had been unable to verify her
claims. At the time of the termination hearing DHS also had concerns about
abusive behavior between the mother and her paramour. The mother claims
DHS was unresponsive and did not properly support her attempts to improve
herself.
The termination hearing was held September 15, 2016, and the mother’s
parental rights were terminated March 13, 2017. The mother now appeals.
II. Standard of Review
The scope of review in termination cases is de novo. In re D.W., 791
N.W.2d 703, 706 (Iowa 2010). Clear and convincing evidence is needed to
establish the grounds for termination. In re J.E., 723 N.W.2d 793, 798 (Iowa
2006). Where there is clear and convincing evidence, there is no serious or
substantial doubt about the correctness of the conclusion drawn from the
evidence. In re D.D., 653 N.W.2d 359, 361 (Iowa 2002). The paramount
concern in termination proceedings is the best interests of the child. In re L.L.,
459 N.W.2d 489, 493 (Iowa 1990).
III. Sufficiency of the Evidence
The mother claims there is insufficient evidence in the record to support
termination of her parental rights. Where the juvenile court has terminated a
parent’s rights on multiple grounds, “we need only find termination appropriate
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under one of these sections to affirm.” In re J.B.L., 844 N.W.2d 703, 704 (Iowa
Ct. App. 2014).
We find the mother’s rights were properly terminated under section
232.116(1)(d), which provides:
The court finds that both of the following have occurred:
(1) The court has previously adjudicated the child to be a
child in need of assistance after finding the child to have been
physically or sexually abused or neglected as the result of the acts
or omissions of one or both parents, or the court has previously
adjudicated a child who is a member of the same family to be a
child in need of assistance after such a finding.
(2) Subsequent to the child in need of assistance
adjudication, the parents were offered or received services to
correct the circumstance which led to the adjudication, and the
circumstance continues to exist despite the offer or receipt of
services.
The mother only claims she was not offered reasonable services by DHS.
Parents are required to challenge the reasonableness of the services and efforts
of the State prior to the termination hearing. See In re C.D., 508 N.W.2d 97, 101
(Iowa Ct. App. 1993). The record reveals the only request for services by the
mother was for more options for substance abuse treatment. DHS offered the
mother reasonable substance-abuse treatment options, and, like other services
offered to her, the mother did not take advantage of the opportunities for support
and change. We find the mother failed to preserve error on this issue.2
IV. Best Interests, Family Placement, and Additional Time
The mother also claims termination was not in the best interests of the
children as the children are currently placed with their maternal grandmother and
the mother has maintained sobriety and improved her parenting skills after the
2
Even if this issue had been properly preserved our opinion would remain unchanged.
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termination hearing. The mother claims the children have witnessed her “doing
well” and informing them her rights have been terminated may be traumatic. She
claims her rights should not be terminated or she should at least be given an
extension to prove her ability to maintain sobriety, housing, employment, and
proper parenting.
The maternal grandmother is a licensed foster parent. She has overcome
financial and housing barriers to be able to care for the children the mother would
not parent. The mother is correct in noting the grandmother is capable of
providing supervision of the children’s interactions with their mother. However,
this should not continue to be required of her, nor should further instability and
uncertainty be required of the children. Any emotional bond severed by the
termination will be more than compensated for by the stability, care, and certainty
provided to the children by terminating the mother’s parental rights.
The juvenile court may decide not to terminate parental rights if any
exception set out in Iowa Code section 232.116(3) is shown. “The court has
discretion, based on the unique circumstances of each case and the best
interests of the child, whether to apply the factors in this section to save the
parent-child relationship.” In re D.S., 806 N.W.2d 458, 475 (Iowa Ct. App. 2011).
We find the juvenile court properly applied its discretion in refusing to maintain
the parental relationship simply because the children were in the care of their
grandmother.
Finally, we find the mother does not deserve an extension of time to work
toward reunification. These children cannot not be expected to continue their
lives in uncertainty in the hope their mother is able to become minimally
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acceptable as a parent. See D.W., 791 N.W.2d at 707. The best indication of
future performance is past behavior, and the mother has continually proven she
is not capable of the responsibility of parenting. See In re C.K., 558 N.W.2d 170,
172 (Iowa 1997).
AFFIRMED.