IN THE INTEREST OF A.J., 02-0150 (Iowa App. 3-13-2002)

No. 2-169 / 02-0150.Court of Appeals of Iowa.
Filed March 13, 2002.

Appeal from the Iowa District Court for Polk County, CONSTANCE COHEN, Associate Juvenile Judge.

A mother appeals a juvenile court order terminating her parental rights to her daughter. AFFIRMED.

Nancy L. Pietz, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Cory McClure, Assistant County Attorney, for appellee-State.

Kimberly Ayotte, Des Moines, for minor child.

Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.

ZIMMER, J.

A mother appeals a juvenile court order terminating her parental rights to her daughter. She contends the State failed to prove by clear and convincing evidence that her parental rights should be terminated. Upon review, we find this matter fits the criterion outlined in Iowa Court Rule 21.29 for the issuance of a memorandum opinion.

Background Facts and Proceedings. Josette is the mother of Antwonicia, born December 20, 2000. Two weeks after her daughter’s birth, Josette effectively abandoned Antwonicia by leaving her with a non-relative. She made no arrangements for her child’s support or medical care. She failed to show any interest in her child’s welfare. At some point, Antwonicia became ill and her caretaker was unable to obtain medical treatment for her. The State filed a child in need of assistance petition on March 30, 2001. Josette consented to the child’s placement with a non-relative. She failed to provide requested drug screens and made no effort to visit her child. Her social worker’s efforts to contact her were unsuccessful.

On May 30, 2001, Antwonicia was adjudicated to be a child in need of assistance under Iowa Code sections 232.2(6)(c)(2) and (6)(n) (2001) based on Josette’s neglect of her daughter and her abuse of drugs. The court ordered the child placed in foster care where she has remained ever since.

In July 2001, a review hearing was held. Josette failed to attend the hearing. At that time, she was reportedly continuing to use drugs and her whereabouts were unknown. As a result, the court waived the requirement of reasonable services.

In August 2001, the State filed a petition to terminate Josette’s parental right to Antwonicia. Prior to the termination hearing, Josette was arrested and charged with first degree murder and theft. A termination hearing was held on October 22 and November 20, 2001. Following hearing the juvenile court terminated Josette’s parental rights under sections 232.116(1)(b) (abandonment), (1)(d) (no significant and meaningful contact), and (1)(g) (child under three cannot be returned home). The court also terminated the parental rights of Antwonicia’s father. Only Josette has appealed.

Scope of Review. The standard of review in termination cases is de novo. Iowa R. App. P. 6.4[1] ; In re J.J.S., Jr., 628 N.W.2d 25, 28 (Iowa Ct. App. 2001). We need only find clear and convincing evidence in support of one ground to affirm termination of parental rights. In re K.L.C., 372 N.W.2d 223, 227 (Iowa 1985).

Discussion. We find clear and convincing evidence supports termination of Josette’s parental rights on all grounds found by the juvenile court. Josette left her child with someone else when Antwonicia was two weeks old without making any arrangements for her support or medical care. She has had no meaningful contact with her child since January 2001. Josette has demonstrated little interest in her daughter since her birth. Josette was incarcerated when the termination hearing was held. Prior to her incarceration, Josette failed to demonstrate she had the ability to care for her child. Termination is clearly in Antwonicia’s best interests. Accordingly, we affirm the juvenile court.

AFFIRMED.