No. 4-171 / 04-0097Court of Appeals of Iowa.
Filed March 24, 2004
Appeal from the Iowa District Court for Johnson County, Stephen C. Gerard II, District Associate Judge.
A mother appeals from the termination of her parental rights to her daughter. AFFIRMED.
Shannon Walsh, Iowa City, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, J. Patrick White, County Attorney, and Deborah Minot, Assistant County Attorney, appellee-State.
L. Jay Stein, Iowa City, guardian ad litem for minor child.
Considered by Zimmer, P.J., and Miller and Hecht, JJ.
ZIMMER, P.J.
A mother appeals a juvenile court order terminating her parental rights to her daughter. She claims the State failed to make reasonable efforts to reunite her with her child. Because we find no merit to her claim on appeal, we affirm the juvenile court.
I. Background Facts Proceedings
Cynthia U. is the mother of two children, Alyssa, born April 30, 1993, and Aryanna, born July 11, 1996. Alyssa lives with her father, David E., in Clinton, Iowa. Ameer H. is Aryanna’s father. Ameer is a convicted felon. He has never been involved with Aryanna’s life and his current whereabouts are unknown.
Aryanna is the child at issue in this appeal. Aryanna was removed from Cynthia’s care by the Iowa City Police on September 7, 2002, after Cynthia was arrested for operating while intoxicated — second offense. Aryanna was in the car with her mother when Cynthia was arrested. The juvenile court entered an emergency removal order on September 9, 2002. On September 18, 2002, at the temporary removal hearing, Cynthia stipulated that continued removal of Aryanna was in the child’s best interests and was necessary to avoid imminent risk to the child’s life and health. Aryanna has been out of her mother’s care ever since. On October 9, 2002, the juvenile court adjudicated Aryanna as a child in need of assistance (CINA).
Cynthia has a lengthy history of abusing controlled substances and engaging in criminal conduct. After her daughter was removed from her care, Cynthia received inpatient substance abuse treatment and then moved into a halfway house in January of 2003. She promptly relapsed by using cocaine, but was still permitted to enter a transitional housing program. Cynthia continued to use controlled substances and eventually left the housing program against treatment advice. Her whereabouts were unknown until she was incarcerated for a probation violation.
On June 4, 2003, the juvenile court conducted an in-court review of this case. At that time, Cynthia was incarcerated and was about to be placed in a community-based correctional facility for six to twelve months. Upon motion of the State, the juvenile court waived further efforts to achieve family reunification pursuant to Iowa Code section 232.102(12)(b) (2003).
On September 4, 2003, the State filed a petition to terminate Cynthia’s parental rights to Aryanna based on Iowa Code sections 232.116(1)(d), (f), (i), and (l). The State also moved to terminate the father’s parental rights. Cynthia was residing in a correctional facility when the termination hearing was held. On December 31, 2003, the court entered an order terminating Cynthia and Ameer’s parental rights. Only Cynthia appeals.
II. Scope of Review
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2001). Our primary concern is the best interests of the child. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
III. Discussion
Cynthia does not claim the statutory grounds for termination have not been met. Instead, she suggests the State failed to make reasonable efforts to reunite her with her child. She argues that “unreasonable” time limits prevented her from completing substance abuse treatment before the termination of her parental rights and that DHS did not provide adequate services to reunite the family. We disagree.
Cynthia has been receiving services off and on since 1999. Since Aryanna was removed from her mother’s care in September 2002, Cynthia has been offered or provided the following services to assist her with family reunification: family-centered services; protective daycare; individual therapy for Aryanna; foster care and foster care support; Grant Wood Area Education Agency educational assessment and support; supervised visitation; Title XIX medical care; substance abuse evaluation and treatment; housing assistance; Department of Corrections probation supervision and support; and random urinalysis. Cynthia could have received other services, but she lost eligibility due to rules violations, criminal acts, and her persistent failure to cooperate. Cynthia never requested any additional services.
The record reveals Cynthia was offered reasonable services. She did not cooperate with the services she was offered. A parent does not have an unlimited amount of time to correct her deficiencies. In re H.L.B.R., 567 N.W.2d 675, 677
(Iowa Ct.App. 1997). Nothing in the record suggests additional services would alleviate the problems which led to Aryanna’s removal from her mother’s care. Aryanna has lost all trust in her mother and does not wish to return to her mother’s care. Aryanna should not have to wait any longer for responsible parenting. She deserves permanency and stability.
Cynthia’s own conduct caused her separation from her daughter. It is clear Aryanna cannot be returned to her daughter’s care now or in the foreseeable future. We conclude that the State proved by clear and convincing evidence that Cynthia’s parental rights should be terminated. Termination of her parental rights clearly serves her daughter’s best interests. Accordingly, we affirm the juvenile court.
AFFIRMED.