Opinion
No. 2-720 / 02-1198
Filed September 11, 2002
Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge.
Mother appeals from the order terminating her parental rights to three children. AFFIRMED.
Robert Phelps, Davenport, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Gerda Lane, Assistant County Attorney, for appellee-State.
Patricia Zamora of Zamora, Taylor, Clark, Alexander Woods, guardian ad litem for minor children.
Considered by Huitink, P.J., and Miller and Hecht, JJ.
Deborah A. is the mother of Chadai A., born March 11, 1992, Keenan A., born December 9, 1993, and Asia A., born January 30, 1996. The children were adjudicated in need of assistance pursuant to Iowa Code sections 232.2(6)(b), (6)(c)(2), (6)(g), and (6)(n) (1999), based on their parents' substance abuse problems and substandard housing. Following a subsequent hearing, the court terminated Deborah's parental rights under sections 232.116(1)(d) and 232.116(1)(g) (Supp. 2001). Deborah appeals.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proved by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). Our primary concern in termination proceedings is the best interests of the child . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
On appeal, Deborah appears generally to assert the insufficiency of the evidence to establish the children could not be returned to her care, or in the alternative, the children should have remained in long-term foster care. She also contends even if the statutory elements for termination were met, termination was not in the children's best interests.
The record illustrates Deborah has a substantial and dangerous drug addiction. Asia was born with drugs in her system. In 1999, a child abuse report was filed after Deborah and the children's father used their food stamps to buy cocaine and left the children alone for three days while using drugs. In 2000, another child abuse report was filed after Deborah used illegal drugs in front of her children. Finally, Deborah abused illegal drugs while pregnant with her youngest child, shortly before the termination hearing in this case.
Deborah's criminal past also is a factor in this determination. In 1998 and again in 2000, she was arrested for prostitution. In 2000, she was charged with theft; however, the charge was dropped after a witness failed to appear at trial. She also has been incarcerated for probation violations.
Despite a variety of services offered by the State, Deborah made minimal progress to show she recognized she had a problem and to give hope the children could safely be returned to her care. She missed a number of scheduled visits with the children. She was resistant to some of the offered services, and she often failed to keep in contact with service providers.
Accordingly, we conclude the court properly determined Chadai, Keenan, and Asia could not be returned to Deborah's custody. For the same reasons, we reject Deborah's contention the best interests of the children do not call for termination. The children deserve permanency, and there is simply no compelling basis for them to remain in extended foster care. See In re J.L.P., 449 N.W.2d 349, 353 (Iowa 1989) (noting that keeping children in temporary or even long-term foster homes is not in their best interests, especially when the children are adoptable).
AFFIRMED.