IN THE COURT OF APPEALS OF IOWA
No. 14-1194
Filed September 17, 2014
IN THE INTEREST OF T.S. AND A.P.,
Minor Children,
E.P., Mother,
Appellant.
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Appeal from the Iowa District Court for Polk County, Romonda D. Belcher,
District Associate Judge.
The mother appeals the juvenile court’s termination of her parental rights
to her children, T.S. and A.P. AFFIRMED.
Monica Cameron of Cameron Law Firm, P.C., Des Moines, for appellant
mother.
Thomas J. Miller, Attorney General, Janet L. Hoffman, Assistant Attorney
General, John P. Sarcone, County Attorney, and Jon Anderson, Assistant County
Attorney, for appellee State.
Nicole Nolan of the Youth Law Center, Des Moines, attorney and guardian
ad litem for minor children.
Considered by Danilson, C.J., and Vogel and Bower, JJ.
2
VOGEL, J.
The mother appeals the juvenile court’s termination of her parental rights
to her children, T.S. and A.P. She asserts the juvenile court should have found
the bond between her and the children precluded termination, and that, due to
this bond, termination is not in their best interests. Because we conclude
termination is in the children’s best interest, and the parent-child bond
consideration set forth in Iowa Code section 232.116(3)(c) (2013) does not
preclude termination, we affirm.
T.S., born September 2007, and A.P., born November 2011, first came to
the attention of the Iowa Department of Human Services (DHS) due to reports
the mother’s paramour physically abused the mother in front of T.S. It was also
noted there was physical violence between the mother and the father with the
children in the home.1 Upon investigation, it was also discovered the mother was
using methamphetamine while the children were in her care. The children were
removed from the home on March 28, 2013, and placed in foster care.2 They
were adjudicated in need of assistance on May 2, 2013.
The mother was granted visitation, which she attended sporadically. She
did not complete substance abuse treatment and tested positive for
methamphetamine throughout the course of these proceedings. She reported
that her last use of methamphetamine was in April 2014, and she tested positive
1
The mother was charged with domestic violence while with the paramour, and pled
guilty to disorderly conduct.
2
The children were placed in three different foster homes over the course of these
proceedings. The first home refused to care for them because of their severe head lice,
and the second could not care for them due to familial difficulties. On October 26, 2013,
they were placed with the third family, where they remained at the time of the termination
hearing. At the hearing the foster mother testified the children’s behavior has improved
considerably.
3
on April 30, 2014; she admitted using marijuana about thirty days before the
termination hearing. The mother is unemployed and has not maintained
employment that has lasted over six months since 2007. She is currently living
with friends, though at the time of the termination hearing she was residing with
her father, who is a registered sex offender.3 She has been diagnosed with
anxiety and depression, and has been prescribed Trazodone and Celexa. The
mother has suffered from kidney problems for the past two years. Additionally,
various DHS workers noted the children and the mother share a bond.
Over the course of these proceedings, the mother did not complete
substance abuse treatment, has not consistently provided drug screens, missed
various visits, only attended one therapy session, did not attend parenting
classes, did not consistently attend Alcoholics and Narcotics Anonymous
meetings, did not obtain a sponsor, and did not work with her domestic violence
advocate. Due to these difficulties, the State petitioned to terminate her parental
rights. Following a contested hearing on June 11 and 12, 2014, the juvenile
court terminated the mother’s parental rights pursuant to Iowa Code section
232.116(1)(d), (f), (h), and (l) (2013). The mother appeals.
We review termination proceedings de novo. In re S.R., 600 N.W.2d 63,
64 (Iowa Ct. App. 1999). The grounds for termination must be proved by clear
and convincing evidence. Id. Our primary concern is the child’s best interest. Id.
The record supports that the children and the mother share a bond.
However, it is clear the mother cannot adequately meet their needs. When
3
A DHS report dated March 28, 2013, states the father “was formerly on the sex abuse
registry;” however, the mother testified he is not allowed to be around anyone under the
age of eighteen.
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asked how, if the children were returned to her, she could care for them, the
mother replied:
A: Help from family, probably. I can’t take them to my
father’s house. That’s my biggest barrier right now.
Q: He wouldn’t be appropriate to be around them, would he?
A: He cannot be around minor children under the age of eighteen.
When discussing the mother’s methamphetamine use, the following exchange
occurred:
Q: And do you believe you can appropriately parent your
children while using methamphetamine? A: My children are never
in my care when I am using.
Q: Okay. Well, they were in your care before they were
removed; right? A: Right.
Q: And you were using then. A: I had it in my system. When
I am using, I do not have my kids with me.
Q: Okay. Do you believe that you can appropriately parent
your children when you have methamphetamine in your system?
A: After sleeping. I know it stays in your system for a while, but
after coming down off of it, yes.
It is evident from this record the mother is unable to parent the children
adequately, particularly given her lack of concern with regard to her
methamphetamine addiction. Consequently, termination is in the children’s best
interest. See Iowa Code § 232.116(2). “We have repeatedly followed the
principle that the statutory time line must be followed and children should not be
forced to wait for their parent to grow up.” In re N.F., 579, N.W.2d 338, 341
(Iowa Ct. App. 1998); see also Iowa Code § 232.116(2). After years of
methamphetamine use, failed substance abuse treatment, unemployment, and
unsecure housing, we agree with the juvenile court the mother cannot care for
the children. Due to their young age, they are in need of permanency and
stability. Consequently, the parent-child bond consideration of Iowa Code
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section 232.116(3)(c) does not serve to preclude termination, and we affirm the
juvenile court’s order terminating the mother’s parental rights.
AFFIRMED.
In the Interest of T.S. and A.P., Minor Children, E.P., Mother
Combined Opinion