No. 5-559 / 05-0960Court of Appeals of Iowa.
Filed July 27, 2005
Appeal from the Iowa District Court for Cerro Gordo County, Gerald W. Magee, Associate Juvenile Judge.
A father appeals the termination of his parental rights.AFFIRMED.
F. David Eastman of Eastman Law Office, Clear Lake, for appellant father.
Thomas J. Miller, Attorney General, Paul Kraus, Assistant Attorney General, Paul Martin, County Attorney, and Gregg Rosenbladt, Assistant County Attorney, for appellee-State.
DeDra Schroeder of Schroeder Law Office, Charles City, for mother.
Mark Young of Young Law Office, Mason City, guardian ad litem for minor children.
Considered by Sackett, C.J., and Mahan and Miller, JJ.
MAHAN, J.
I. Background Facts Proceedings
Michael and Sara are the parents of Ronan, born in August 1999, and Levi, born in September 2000. The parents’ relationship involved domestic violence. They have a history of substance abuse. The children were removed from the parents’ care in October 2003 because the parents had violated a no-contact order and were living in a home with no public utilities.
The children were adjudicated to be children in need of assistance pursuant to Iowa Code section 232.2(6)(c)(2) (2003) (child is likely to suffer harm due to parent’s failure to supervise). The parents were ordered to participate in family-centered services, obtain employment, complete psychological and substance abuse evaluations, and provide drug tests.
Michael was discharged from a substance abuse treatment program due to lack of participation. He had several positive drug tests. Also, he did not always provide a drug test as requested. Michael was inconsistent in his participation in services and his attendance at visitation. Michael was placed on probation on a domestic violence charge. Due to probation violations he was in a residential correctional facility (RCF) from May to August 2004, and either in jail or the RCF from September 2004 to January 2005.
In September 2004 the State filed a petition seeking termination of the parents’ rights. Michael initially consented to termination of his parental rights, but soon revoked his consent. After a hearing in April 2005, the juvenile court terminated Michael’s parental rights under sections 232.116(1)(e) (parent has not maintained significant and meaningful contact with child) and (f) (child four or older, CINA removed for at least twelve months, and cannot be returned home). The court found Michael “continued to use substances, he’s refused to provide samples for drug testing multiple times and he’s not completed substance abuse treatment or mental health therapy.” Michael appeals the termination of his parental rights.[1]
II. Standard of Review
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 429 (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
Michael contends the State did not present sufficient evidence to warrant termination of his parental rights. He points out that he completed a batterer’s education program and took a class at a substance abuse treatment facility. Michael states he has not had a positive drug test since May 2004. At the time of the termination hearing he had recently obtained housing and employment.
We find clear and convincing evidence in the record to support termination of Michael’s parental rights. Michael has refused to take several drug tests, and service providers testified he appeared to be under the influence of illegal substances. Michael did not complete a substance abuse treatment program. In addition, he was inconsistent in attending services and visitation. Michael is not in a position to care for the children, and we conclude his parental rights were properly terminated under section 232.116(1)(f). Based on this finding, we do not need to address the termination of his parental rights under section 232.116(1)(e). See In re S.R., 600 N.W.2d 63, 64
(Iowa Ct.App. 1999).
We affirm the decision of the juvenile court to terminate Michael’s parental rights.
AFFIRMED.
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