In the Intereset of J.E., Minor Child ( 2018 )

IN THE COURT OF APPEALS OF IOWA
No. 18-1340
Filed September 26, 2018
IN THE INTEREST OF J.E.,
Minor Child,
J.R., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Pottawattamie County, Charles D.
Fagan, District Associate Judge.
A mother challenges the termination of her parental rights to her child.
AFFIRMED.
Kyle J. McGinn of McGinn, Springer & Noethe, PLC, Council Bluffs, for
appellant mother.
Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant
Attorney General, for appellee State.
Maura C. Goaley of Goaley Law Office, Council Bluffs, guardian ad litem for
minor child.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
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McDONALD, Judge.
Jricka appeals from an order terminating her parental rights in her now two-
year-old child. The juvenile court terminated Jricka’s parental rights pursuant to
Iowa Code section 232.116(1)(e), (h), and (l) (2018). On appeal, Jricka challenges
the sufficiency of the evidence supporting each of the grounds authorizing the
termination of her parental rights, contends the State failed to make reasonable
efforts to reunify her with her child, and contends termination of her parental rights
is not in the best interest of the child.
This court reviews termination proceedings de novo. See In re A.M., 843
N.W.2d 100, 110 (Iowa 2014). The statutory framework authorizing the termination
of a parent-child relationship is well established and need not be repeated here.
See In re A.S., 906 N.W.2d 467, 472–73 (Iowa 2018) (setting forth the statutory
framework). Where, as here, “the juvenile court terminate[d] parental rights on
more than one statutory ground, we may affirm the juvenile court’s order on any
ground we find supported by the record.” In re A.B., 815 N.W.2d 764, 774 (Iowa
2012).
We conclude the State proved by clear and convincing evidence it made
reasonable efforts to facilitate reunification of the family, the termination of Jricka’s
parental rights was authorized pursuant to Code section 232.116(1)(h) and (l), and
termination of Jricka’s parental rights is in the best interest of the child. In sum,
the child was removed from the mother’s care after the mother admitted to
methamphetamine use in the home and while caring for the child. The mother has
a long history of substance abuse and was diagnosed with “unspecified stimulant
use disorder, severe.” Despite the provision of numerous services, the mother
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never addressed her substance-abuse disorder. She unsuccessfully discharged
from two separate inpatient substance-abuse treatment facilities after only a few
days of attendance. She failed to comply with required substance-abuse testing,
avoiding eight of ten drug tests over the life of the case. On the two occasions the
mother tested, she tested positive for methamphetamine. In April 2018, the mother
admitted to using methamphetamine despite being pregnant. The mother’s
methamphetamine use, both while caring for the child at issue and while pregnant
with another child, demonstrates a sufficient nexus between the mother’s
substance abuse and danger to the child to authorize termination of the mother’s
parental rights on the grounds asserted. See, e.g., A.B., 815 N.W.2d at 776 (noting
drug addiction can render a parent unable to care for children); In re K.K., No. 18-
0943, 2018 WL 3650376, at *3 (Iowa Ct. App. Aug. 1, 2018) (affirming termination
of parental rights where mother had long history of substance abuse); In re L.B.,
No. 18-1017, 2018 WL 3650370, at *1 (Iowa Ct. App. Aug. 1, 2018) (affirming
termination of parental rights where mother had long history of methamphetamine
use “and ha[d] not demonstrated [an] ability to maintain sobriety . . . outside a
custodial setting”); In re K.C., No. 18-0581, 2018 WL 3057888, at *2 (Iowa Ct. App.
June 20, 2018) (affirming termination where mother had long history of substance
abuse); In re L.S., No. 17-1824, 2018 WL 540968, at *1 (Iowa Ct. App. Jan. 24,
2018) (providing a parent’s untreated substance abuse can create a risk of harm
to the children); In re B.C., No. 17-0933, 2017 WL 4050975, at *1 (Iowa Ct. App.
Sept. 13, 2017) (affirming termination where mother had history of drug abuse and
limited success with treatment and other services); In re R.P., No. 16-1154, 2016
WL 4544426, at *2 (Iowa Ct. App. Aug. 31, 2016) (affirming termination of rights of
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parent with history of drug abuse); In re K.F., No. 14-0892, 2014 WL 4635463, at
*3 (Iowa Ct. App. Sept. 17, 2014) (finding termination appropriate where, as here,
“[a]lthough [the mother] has been involved with services concerning her children
at least three times, she does not obtain any lasting benefit from those services”);
In re H.L., No. 14-0708, 2014 WL 3513262, at *3 (Iowa Ct. App. July 16, 2014)
(affirming termination of parental rights when parent had history of unresolved
substance abuse).
AFFIRMED.