No. 06-2102.Court of Appeals of Iowa.
March 28, 2007.
Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her child. AFFIRMED.
Christopher A. Kragnes, Sr. of Kragnes, Tingle Koenig, P.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Faye Jenkins, Assistant County Attorney, for appellee.
Michael Bandstra, Des Moines, for minor child.
Considered by VOGEL, P.J., and VAITHESWARAN and EISENHAUER, JJ.
EISENHAUER, J.
A mother appeals the termination of her parental rights to her child. She contends she will be able to parent the child if an additional six months are granted to allow for reunification. We review her claim de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The mother’s parental rights were terminated pursuant to Iowa Code sections 232.116(1)(b) and (g) (2005). We need only find termination proper under one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). Termination is appropriate pursuant to section 232.116(1)(g) when the State has proved by clear and convincing evidence the following:
(1) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(2) The court has terminated parental rights pursuant to section 232.117 with respect to another child who is a member of the same family.
(3) There is clear and convincing evidence that the parent continues to lack the ability or willingness to respond to services which would correct the situation.
(4) There is clear and convincing evidence that an additional period of rehabilitation would not correct the situation.
There is no dispute the first three elements were proven. The mother instead contends an additional six months of rehabilitation would allow her the time to be able to properly parent the child.
Clear and convincing evidence shows the mother is unable or unwilling to safely parent her child. The mother is mentally low functioning and cannot parent the child without supervision. She was uncooperative with the services offered to her and threatened to kill the child to prevent the State from taking him from her.
No amount of additional time will allow her to resume care for the child. Accordingly, we affirm the district court order terminating her parental rights.
AFFIRMED.
Dec 11, 1896 · Iowa Supreme Court 100 Iowa 260 State of Iowa v. W. J. Warner,…
926 N.W.2d 526 (2019) WINGER CONTRACTING COMPANY, Appellant, v. CARGILL, INCORPORATED, Appellee. Tracer Construction, LLC,…
IN THE SUPREME COURT OF IOWA No. 15–1379 Filed February 3, 2017 DuTRAC COMMUNITY CREDIT…
IN THE SUPREME COURT OF IOWA No. 16–1704 Filed January 27, 2017 IOWA SUPREME COURT…
IN THE SUPREME COURT OF IOWA No. 16–1228 Filed January 27, 2017 IOWA SUPREME COURT…
IN THE SUPREME COURT OF IOWA No. 16–0076 Filed January 27, 2017 BOARD OF WATER…