No. 5-424 / 05-0118Court of Appeals of Iowa.
Filed May 25, 2005
Appeal from the Iowa District Court for Woodbury County, Brian J. Michaelson, Associate Juvenile Judge.
A mother appeals from the order terminating her parental rights to six children. AFFIRMED.
John Moeller of O’Brien, Galvin Moeller, Sioux City, for appellant.
Thomas Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Dewey P. Sloan, Assistant County Attorney, for appellee-State.
Michelle M. Dreibelbis of the Juvenile Law Center, Sioux City, guardian ad litem for minor children.
Considered by Vogel, P.J., and Miller and Hecht, JJ.
HECHT, J.
Kimberly is the mother of Samantha, born in 1992, Tonya, born in 1995, Caitlyn, born in 1998, Courtney, born in 1999, Chelsea, born in 2001, and Ryan, born in 2002. Kimberly has been involved with juvenile authorities since she was a child herself, and the children have been involved much of their lives. In 2000, Courtney, Caitlyn, Tonya, and Samantha were adjudicated to be children in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(b), (c)(1), and (c)(2) (1999) based on Kimberly’s neglect of the children and their home. Chelsea was adjudicated CINA in 2001, and all six children were again adjudicated in 2004. On August 23, 2004, the State filed a petition seeking to terminate Kimberly’s parental rights to the children. Following a hearing on the petition, the juvenile court terminated her parental rights under Iowa Code sections 232.116(1)(d) and (g) (2003).[1] Kimberly appeals.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proven by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). Our primary concern in termination proceedings is the best interests of the children. In re C.B., 611 N.W.2d 489, 492
(Iowa 2000).
On appeal, Kimberly alleges clear and convincing evidence does not support termination under either section 232.116(1)(b)[2] or (g). Upon our de novo review of the record, we conclude the court properly terminated her rights under section 232.116(1)(d). Termination under this provision requires proof that (1) the court has previously adjudicated the children to be CINA after finding they have been physically abused or neglected, and (2) subsequent to the CINA adjudication, the parent was offered services to correct the circumstances which led to the adjudication, and the circumstance continues to exist despite the offer or receipt of services. Iowa Code §232.116(1)(d).
Kimberly has been provided a wide variety of services throughout her long involvement with the Iowa Department of Human Services. Some of these include parenting skills through the House of Mercy and the Family Ecology Center, home services through the Crittenton Center, family centered services through Child Connect, psychological evaluations through Child Connect, family preservation services through Visinet of Iowa, individual and marital therapy through Catholic Charities, psychological therapy through Associates for Psychological and therapy Services, and a family group conference through the Crittenton Center. These services were primarily intended to address the circumstances that led to the children’s adjudications, such as Kimberly’s relationship issues, her inability to provide a safe and nurturing environment for the children, and her emotional and psychological problems.
It is clear that Kimberly has not fully internalized the services, or lacks the ability or motivation to do so. She continues to exhibit an extreme instability that is irreconcilable with the capacity to parent six young children. As recently as July of 2004, Kimberly was arrested at a “disorderly house” which involved drugs and alcohol, and at which her paramour assaulted police officers while in the presence of an underage child. The children deserve stability and security which Kimberly cannot provide. We therefore affirm the termination of Kimberly’s parental rights.
AFFIRMED.
Page 134