Opinion
No. 2-1019 / 02-1796.
Filed December 30, 2002.
Appeal from the Iowa District Court for Black Hawk County, ALLEN D. ALLBEE, Associate Juvenile Judge.
Mother appeals from the order terminating her parental rights to her son. AFFIRMED.
Dennis M. Guernsey, Waterloo, for appellant.
Thomas J. Miller, Attorney General, Katherine Miller-Todd, Assistant Attorney General, and Steven Halbach, Assistant County Attorney, for appellee-State.
Kellyann M. Lekar of Roberts, Cohrt, Stevens Lekar, P.C., Waterloo, guardian ad litem for minor child.
Considered by VOGEL, P.J., and ZIMMER and HECHT, JJ.
Shannon R. is the mother of Poet C., born September 13, 1999. Poet was removed from his mother's care in May of 2001. On June 29, 2001, he was adjudicated to be in need of assistance pursuant to Iowa Code section 232.2(6)(b) (2001). The State filed a petition to terminate the mother's parental rights on July 2, 2002. Following a subsequent hearing on the State's petition, the court terminated Shannon's parental rights to her child pursuant to section 232.116(1)(h) (Supp. 2001). The court also terminated the parental rights of Poet's father, J.C. The father is presently serving a lengthy prison term for burglary and assault. The father's parental rights are not at issue in this appeal.
Formerly, Iowa Code section 232.116(1)(g) (2001).
We review termination of parental rights orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern is the best interests of the child . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
In order to terminate Shannon's parental rights under section 232.116(1)(h), the State was required to prove (1) the child was three or younger, (2) he had been adjudicated in need of assistance, (3) he had been removed from the parent's physical custody for at least six of the last twelve months, or for the last six months, and (4) there is clear and convincing evidence he cannot be returned to his parent's custody. Shannon does not contest the first three grounds for termination required by section 232.116(1)(h). However, she contends there was not clear and convincing evidence that Poet could not be returned to her custody. On our de novo review of the record, we agree the court properly terminated Shannon's parental rights under this section.
Poet was removed from his mother's care in May 2001 because his mother had been leaving the infant with relatives for extended periods of time without providing them with information as to her whereabouts. There were also concerns about drug abuse. During the time Poet was in foster care, Shannon lived in five residences. When the termination hearing was held, she was temporarily living with her mother because her new boyfriend was incarcerated. The record makes clear that Shannon fails to understand the negative impact her relationship with criminals has on her child. She also shows little appreciation for the negative impact her use of drugs has on Poet. She continues to believe that if controlled substances are not used in the child's presence, the child is not harmed. She has not shown the ability to provide her son with necessary food, clothing, and shelter. Poet's maternal grandmother has been his caretaker for most of his life. Shannon apparently sees no need to improve her parenting skills because her child is accessible through her mother. We agree with the juvenile court that the child cannot safely be returned to his mother's custody. We therefore affirm the termination order.