No. 05-0008.Court of Appeals of Iowa.
March 31, 2005.
Appeal from the Iowa District Court for Dallas County, Gregory A. Hulse, Judge.
L.L. appeals from the termination of her parental rights to J.L. AFFIRMED.
Donna Ruth Beary, Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Wayne Reisetter, County Attorney, and Sean Wieser, Assistant County Attorney, for appellee-State.
R.L., Adel, father pro se.
Victoria Meade, West Des Moines, for minor child.
Considered by Vogel, P.J., and Mahan and Vaitheswaran, JJ.
MAHAN, J.
I. Background Facts Proceedings
Lucy and Robert are the parents of Jacob, born in November 1999. An older brother was physically abused by Robert. The parents’ relationship involved incidents of domestic violence. Lucy has a history of substance abuse and mental illness (depression).
In January 2002 Jacob was adjudicated to be a child in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(b) (Supp. 2001) (parent is imminently likely to physically abuse or neglect child), (c)(2) (child is likely to suffer harm due to parent’s failure to supervise), and (n) (parent’s mental condition results in child not receiving adequate care). Lucy was ordered to participate in family-centered services, individual therapy, and to obtain a psychosocial evaluation.
In January 2003 Jacob was removed from the home after police officers found illegal drugs in Lucy’s home. Lucy participated in a substance abuse treatment program. She became more consistent in participating in services, and visitation became semi-supervised. Jacob had an increase in negative behaviors as visitation increased. In April 2004 Lucy had a relapse with methamphetamine use, and visitation returned to supervised.
In August 2004 the State filed a petition seeking termination of the parents’ rights to Jacob. The juvenile court terminated the parents’ rights under section 232.116(1)(f) (2003) (child four or older, CINA, removed for at least twelve months, and cannot be returned home). The court found:
Services to address parenting issues and substance abuse concerns have been in place since June 28, 2001. While some progress seems to have been made on the part of the parents, this progress is not sufficient or consistent enough to allow the child to safely return to the care and custody of his parents.
Lucy appeals.
II. Standard of Review
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000).
III. Sufficiency of the Evidence
Lucy claims the State failed to show that Jacob could not be safely returned to her care. Lucy believes her parental rights were terminated based on a single relapse into drug use in April 2004. She asserts that termination of her parental rights is too severe a punishment for one ill-advised act.
Clear and convincing evidence shows that this family had many problems. The initial problems which led to the CINA adjudication were domestic violence in the home and the physical abuse of the older brother. There were concerns about Lucy’s depression, and resulting inability to care for the children. Lucy’s history of substance abuse was also a factor to consider. Based upon all of these elements, we conclude the juvenile court properly found Jacob could not be safely returned to Lucy’s care.
We affirm the decision of the juvenile court.
AFFIRMED.