No. 5-487 / 05-0716Court of Appeals of Iowa.
Filed July 13, 2005
Appeal from the Iowa District Court for Buchanan County, Daniel L. Block, Associate Juvenile Judge.
A mother appeals the termination of her parental rights.AFFIRMED.
James Peters of Peters Law Office, Independence, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Allan Vanderhart, County Attorney, and Karl Moorman, Assistant County Attorney, for appellee-State.
A.J. Flickinger of Craig, Wilson Flickinger, Independence, for minor child.
Considered by Mahan, P.J., and Zimmer and Hecht, JJ.
MAHAN, P.J.
I. Background Facts Proceedings
Kristina is the mother of Samantha, who was born in August 2002. Kristina was herself a minor at the time the child was born. Samantha was removed from Kristina’s care in January 2004. Kristina had provided a drug test, which was positive for methamphetamine, and Samantha tested positive for exposure to the drug.
Samantha was adjudicated to be a child in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(c)(2) (2003) (child is likely to suffer harm due to parent’s failure to supervise) and (o) (illegal drug present in child). In the dispositional order Kristina was ordered to participate in family-centered services, including therapy and skill development services. She was also ordered to attend outpatient treatment as recommended by a substance abuse evaluation, and to provide random drug tests.
Kristina made some progress in this case. Kristina participated in services. She moved away from her parents’ home, where there was drug use, and got her own apartment. Kristina participated in a parenting education class. She completed her high school degree.
Kristina provided some drug tests, however, which were positive for methamphetamine or marijuana. In addition, Kristina did not always provide a drug test as requested. Kristina was unsuccessfully discharged from outpatient substance abuse treatment due to lack of progress. She continued to associate with known drug users. There were also concerns that Kristina continued to smoke cigarettes around Samantha. Samantha had some health problems, and a doctor recommended that Samantha should not be around smoke.
In July 2004 the State filed a petition seeking termination of Kristina’s parental rights. The juvenile court terminated Kristina’s parental rights under sections 232.116(1)(d) (child CINA for neglect and circumstances continue despite the receipt of services) and (h) (child is three or younger, CINA, removed for at least six months, and cannot be returned home). The court found Kristina’s response to services was limited. The court determined that Samantha could not be safely returned to Kristina’s care due to her history of substance abuse and continued association with persons who would place the child at risk. Kristina 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). Our primary concern is the best interests of the children. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997).
III. Sufficiency of the Evidence
Kristina contends that termination of her parental rights is not supported by the evidence. She points out that she had made progress with services and states that Samantha could be returned to her care.
We find clear and convincing evidence in the record to support termination of Kristina’s parental rights. There are concerns about substance abuse in this case. Kristina failed to complete a substance abuse treatment program. There are also concerns about Kristina’s continued association with individuals who place her and Samantha at risk. In addition, there are concerns about Kristina’s smoking of cigarettes in the presence of Samantha. We conclude Samantha could not be safely returned to Kristina’s care.
We affirm the decision of the juvenile court.
AFFIRMED.