Opinion
No. 05-1050
Filed September 14, 2005
Appeal from the Iowa District Court for Story County, Victor G. Lathrop, District Associate Juvenile Judge.
A mother appeals from the juvenile court's order terminating her parental rights to one child. AFFIRMED
Stephen A. Owen, Ames, on the petition for appeal. After withdrawal, Shawn Smith, Ames, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Stephen Holmes, County Attorney, and Richard Early, Assistant County Attorney, for appellee.
Shannon Leighty, Nevada, guardian ad litem for minor child.
Considered by Sackett, C.J., and Mahan and Miller, JJ.
Kelli, the mother of Kaydin, born in December of 2003, filed a petition on appeal from a juvenile court order terminating her parental rights. She contends she "requested mental health services from the State which were neither sufficient nor timely." We affirm.
Our review is de novo. Iowa R. App. P. 6.4. We give weight to the district court's findings, especially concerning credibility, but are not bound by them. Iowa R. App. P. 6.14(6)( g). The grounds for termination must be proved by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000). "Clear and convincing evidence" means there are no serious or substantial doubts as to the correctness of conclusions of law drawn from the evidence. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). When the juvenile court terminates parental rights on more than one statutory ground, we need find grounds to terminate under only one of the sections cited by the juvenile court to affirm. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
On June 13, 2005 the juvenile court found there was clear and convincing evidence to terminate Kelli's parental rights under Iowa Code section 232.116(1)(h) (2005). The juvenile court also found that she had serious problems because of her untreated methamphetamine addiction.
A cursory petition on appeal was filed in Kelli's behalf. It provided as follows:
State the material facts as they relate to the issues presented for appeal:
The mother suffered from severe depression.
Through counsel, the mother asked for services to treat her depression.
The State did not offer sufficient and timely mental health services but focused solely on the mother's alleged addiction to drugs.
Issue I: The mother requested mental health services from the State which were neither sufficient nor timely.Was error preserved? Yes. If yes, state how:
At trial of the State's petition to terminate parental rights, the Department of Human Services caseworker acknowledged receiving written correspondence from mother's counsel requesting mental health services. Exhibits for same were also introduced.Supporting legal authority for Issue I: In re R.B., 493 N.W.2d 897 (App. 1992)
In re A.L., 492 N.W.2d 198 (App. 1992)
There is no reference to material facts or citation to any of the alleged exhibits. The petition makes no reference to the dates any such requests were made. There is no reference to the juvenile court ruling on this issue or any showing where or how it was raised in the juvenile court. The juvenile court did not address this issue in its ruling on the petition to terminate parental rights. There is no reference to any post-trial motions requesting a ruling on this issue. The cases cited do not include a jump-cite page so we can determine how the cases relate to the issue raised.
In our own examination of the file we find an "exhibit A" dated March 25, 2005 that appears to be a note from a physician to Kelli concerning her prescription for anti-depression medication. All it includes is the name of the medication, the dosage, and instructions not to drink alcohol or take illegal drugs. We don't find any "written correspondence from Kelli's counsel requesting mental health services" in the exhibits. We find one reference in the transcript to a "counseling" appointment that was rescheduled. There also is reference to a letter from Kelli's attorney dated July 27, 2004, that includes the language "services should include stress and depression that Kelly seems to be dealing with." The record includes evidence such services were not ordered by the court until October 6, 2004. While there was a delay in ordering services, they were ordered before the petition to terminate was filed on January 26, 2005, and well before the hearing on the petition to terminate was held on March 30, 2005. The termination order was issued on June 13, 2005.
There is no specific challenge to the finding that there was clear and convincing evidence supporting termination under section 232.116(1)(h). The issue raised was not preserved for review.
There is no challenge contending there was not clear and convincing evidence supporting the termination of parental rights. There being no challenge to any of the statutory grounds for termination cited by the juvenile court, any challenge to the statutory grounds is waived. See Iowa R. App. P. 6.14(1)( c). "Even issues implicating constitutional rights must be presented to and ruled upon by the district court in order to preserve error for appeal." In re K.C., 660 N.W.2d 29, 38 (Iowa 2003); see In re J.J.S., 628 N.W.2d 25, 29 (Iowa Ct.App. 2001) (noting motions under Iowa Rule of Civil Procedure [1.904(2)] may be used in termination proceedings). We affirm.