IN THE COURT OF APPEALS OF IOWA
No. 17-0991
Filed August 16, 2017
IN THE INTEREST OF W.J.,
Minor Child,
G.J., Mother,
Appellant.
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Appeal from the Iowa District Court for Polk County, Louise M. Jacobs,
District Associate Judge.
The mother appeals from an order terminating her parental rights pursuant
to Iowa Code chapter 232 (2016). AFFIRMED.
Ryan R. Gravett of Oliver Gravett Law Firm, Windsor Heights, for
appellant mother.
Thomas J. Miller, Attorney General, and Ana Dixit, Assistant Attorney
General, for appellee State.
Kimberly S. Ayotte of Youth Law Center, Des Moines, guardian ad litem
for minor child.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
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MCDONALD, Judge.
Gabriella, the mother, appeals from an order terminating her parental
rights in her child W.J. The juvenile court terminated the mother’s parental rights
pursuant to Iowa Code section 232.116(1)(f) and (g) (2016). On appeal, the
mother argues the State failed to prove by clear and convincing evidence the
elements for section 232.116(1)(g). She does not challenge the sufficiency of the
evidence supporting termination pursuant to section 232.116(1)(f). She also
contends the State failed to prove termination of her parental rights is in the best
interest of the child.
The standard of review and controlling framework are well-established and
need not be repeated herein. See, e.g., In re M.W., 876 N.W.2d 212, 219–20
(Iowa 2016) (stating review is de novo and setting forth the applicable “three-step
analysis”); In re A.M., 843 N.W.2d 100, 110–11 (Iowa 2014) (same); In re M.S.,
889 N.W.2d 675, 679 (Iowa Ct. App. 2016).
On de novo review, we conclude the State proved by clear and convincing
evidence both of the statutory grounds authorizing termination of Gabriella’s
parental rights and termination of Gabriella’s parental rights was in the best
interest of the child. See In re A.B., 815 N.W.2d 764, 774 (Iowa 2012) (“When
the juvenile court terminates parental rights on more than one statutory ground,
we may affirm the juvenile court’s order on any ground we find supported by the
record.”). In 2010, Gabriella had her rights in two other children terminated. The
concerns presented in that case persist: untreated substance abuse; untreated
mental-health conditions; ongoing criminal behavior and incarceration; domestic
violence; unstable employment; unstable housing; and child neglect. The
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mother’s personal issues have proven to be implacable. The best interest of the
child demands the child be given a better opportunity. The judgment of the
district court is affirmed without further opinion. See Iowa Ct. R. 21.26(1)(a), (d),
(e).
AFFIRMED.
In the Interest of W.J., Minor Child, G.J., Mother
Combined Opinion