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In the Interest of C.A., Minor Child, C.A., Grandmother, V.A., Mother ( 2016 )


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  •                     IN THE COURT OF APPEALS OF IOWA
    No. 16-0002
    Filed July 27, 2016
    IN THE INTEREST OF C.A.,
    Minor Child,
    C.A., Grandmother,
    Petitioner-Appellee,
    V.A., Mother,
    Respondent-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson,
    Judge.
    A mother appeals the termination of her parental rights in a private
    termination action. AFFIRMED.
    Jami J. Hagemeier of Williams & Hagemeier, P.L.C., Des Moines, for
    appellant.
    Allison M. Steuterman of Brick Gentry, P.C., West Des Moines, for
    appellee.
    Jennifer L. Meyer of Jennifer Meyer Law, P.C., Ankeny, for minor child.
    Considered by Vogel, P.J., and Doyle and Bower, JJ.
    2
    BOWER, Judge.
    A mother appeals the termination of her parental rights in a private
    termination action. We conclude the juvenile court properly terminated V.A.’s
    parental rights on the ground of abandonment and termination is in the best
    interests of the child. We affirm the decision of the juvenile court.
    I.      Background Facts & Proceedings
    V.A., mother, and R.P., father, are the parents of a child who was born in
    2003.1        After the child’s birth V.A. and the child lived with the maternal
    grandmother, C.A. When the child was one year old, V.A. left the child in the
    care of C.A. and moved to Texas with a boyfriend for a period of time. This
    began a pattern where V.A. would intermittently return to live with C.A. and the
    child, but the child continuously remained in the care of C.A. The relationship
    between V.A. and C.A. became strained after V.A. stole $15,000 from C.A.
    In 2013, V.A. was convicted of two counts of second-degree theft, and she
    was placed on probation. During her probation, in 2014, she was convicted of
    two counts of identity theft, two counts of forgery, second-degree theft, and
    extortion.      V.A. was sentenced to a total of twenty-seven years in prison.
    Besides committing criminal offenses, V.A. also has a long history of substance
    abuse and mental health issues.
    On May 12, 2015, C.A. filed a petition seeking to terminate V.A.’s parental
    rights on the ground of abandonment under Iowa Code section 600A.8(3)(b)
    (2015). A termination hearing was held on November 3, 2015. C.A. testified she
    1
    The father consented to termination of his parental rights and is not a party to this
    appeal.
    3
    had taken care of the child all of his life and she was interested in adopting him.
    She stated the last time V.A. lived with her and the child was four years ago.
    She also stated when V.A. was living with them, C.A. still provided the majority of
    the care for the child. C.A. testified V.A. purchased furniture for her, but stated
    this was to repay her for the $15,000 previously stolen, not to provide support for
    the child. V.A. testified she paid child support as she was able. She stated she
    wrote letters to the child while she was in prison but believed the child did not
    usually receive them. V.A. stated she wanted to be able to visit the child while
    she was in prison and to rebuild a relationship with him when she was released.
    The juvenile court entered an order on December 2, 2015, terminating
    V.A.’s parental rights pursuant to section 600A.8(3)(b). The court determined
    V.A. was not a credible witness. The court found, “It is clear from testimony that
    while [V.A.] did have some contact with [the child] both before and while
    incarcerated and has paid some child support, neither her contact or her financial
    support has been on a regular basis.” The court also found, “The record is void
    of testimony that [V.A.] engaged in regular or even monthly visits prior to her
    incarceration.” The court stated, “[V.A.] has come in and out of [the child’s] life
    causing chaos and disruption.      For twelve years [V.A.] has not assumed a
    parental role and has failed to take responsibility for any parental duties as it
    relates to her son.”   The court concluded she had abandoned the child and
    termination was in the child’s best interests. V.A. appeals the decision of the
    juvenile court.
    4
    II.    Standard of Review
    Our review in matters pertaining to termination of parental rights under
    Iowa Code chapter 600A is de novo. In re D.E.E., 
    472 N.W.2d 638
    , 639 (Iowa
    Ct. App. 1991). A termination order must be supported by clear and convincing
    proof. Iowa Code § 600A.8. “Clear and convincing evidence is evidence that
    leaves ‘no serious or substantial doubt about the correctness of the conclusion
    drawn from it.’” In re D.D., 
    653 N.W.2d 359
    , 361 (Iowa 2002) (citation omitted).
    In termination proceedings, our paramount consideration is the best interests of
    the child. Iowa Code § 600A.1.
    III.   Sufficiency of the Evidence
    V.A. claims C.A. has not shown she abandoned her child within the
    meaning of section 600A.8(3)(b). Iowa Code section 600A.8(3)(b) provides:
    If the child is six months of age or older when the termination
    hearing is held, a parent is deemed to have abandoned the child
    unless the parent maintains substantial and continuous or repeated
    contact with the child as demonstrated by contribution toward
    support of the child of a reasonable amount, according to the
    parent’s means, and as demonstrated by any of the following:
    (1) Visiting the child at least monthly when physically and
    financially able to do so and when not prevented from doing so by
    the person having lawful custody of the child.
    (2) Regular communication with the child or with the person
    having the care or custody of the child, when physically and
    financially unable to visit the child or when prevented from visiting
    the child by the person having lawful custody of the child.
    (3) Openly living with the child for a period of six months
    within the one-year immediately preceding the termination of
    parental rights hearing and during that period openly holding
    himself or herself out to be the parent of the child.
    The phrase, “[t]o abandon a minor child,” is defined as “a parent . . . rejects the
    duties imposed by the parent-child relationship, . . . which may be evinced by the
    person, while being able to do so, making no provision or making only a marginal
    5
    effort to provide for the support of the child or to communicate with the child.”
    Iowa Code § 600A.2(19).
    On our de novo review of the record, we determine there is clear and
    convincing evidence to support a finding V.A. abandoned the child.               The
    evidence shows V.A. rejected the duties imposed by the parent-child relationship
    and throughout the child’s life was content to have her mother, the child’s
    grandmother, C.A., act as the child’s parent. She did not provide reasonable
    financial support for the child. For the years 2013 to 2015, V.A. provided only
    $709.28 in support. Additionally, V.A. did not engage in regular communication
    with the child. She sent the child letters from prison, but prior to her incarceration
    she had, at best, sporadic contact with the child. We conclude the juvenile court
    properly terminated V.A.’s parental rights pursuant to section 600A.8(3)(b).
    IV.    Best Interests
    V.A. claims it is not in the best interests of the child to terminate her
    parental rights. She testified she wanted to remain a part of the child’s life and
    rebuild her relationship with him once she was released from prison. Section
    600A.1 provides:
    The best interest of a child requires that each biological
    parent affirmatively assume the duties encompassed by the role of
    being a parent. In determining whether a parent has affirmatively
    assumed the duties of a parent, the court shall consider, but is not
    limited to consideration of, the fulfillment of financial obligations,
    demonstration of continued interest in the child, demonstration of a
    genuine effort to maintain communication with the child, and
    demonstration of the establishment and maintenance of a place of
    importance in the child’s life.
    The evidence shows V.A. did not “affirmatively assume the duties
    encompassed by the role of being a parent” to her child. See Iowa Code §
    6
    600A.1. V.A. has not established or maintained a place of importance in the
    child’s life. Throughout the child’s life she has pursued her own interests and left
    the care of the child to C.A. We conclude termination of V.A.’s parental rights is
    in the best interests of the child.
    We affirm the decision of the juvenile court.
    AFFIRMED.
    

Document Info

Docket Number: 16-0002

Filed Date: 7/27/2016

Precedential Status: Precedential

Modified Date: 4/17/2021