Opinion
No. 2-165 / 02-0097.
Filed March 27, 2002.
Appeal from the Iowa District Court for Jasper County, THOMAS W. MOTT, District Associate Judge.
Parents appeal the termination of their parental rights to their two children.
AFFIRMED.
Steven J. Holwerda of Selby, Updegraff, Smith Holwerda, Newton, for appellants.
Thomas J. Miller, Attorney General, Tabitha J. Gardner, Assistant Attorney General, and Scott W. Nicholson, Assistant County Attorney, for appellee-State.
John W. Billingsley and Kathryn E. Walker of Walker, Knopf Billingsley, Newton, for minor children.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Andrew and Julie appeal the termination of their parental rights to their two children, Mercedes, born in January 1998, and Brandon, born in March 2000. Brandon was initially removed from the home in September 1998, following allegations of physical abuse by Andrew. On September 13, 2000, both children were removed from the home for the last time. The termination hearing was held on October 15, 2001, with ruling entered on January 2, 2002. Julie and Andrew's rights were terminated under Iowa Code sections 232.116(1)(c) (2001) (physical abuse or neglect, and circumstances continue despite the receipt of services) and 232.116(1)(g) (child is age three or younger and has been removed for six of the last twelve months and cannot be returned home). Andrew's rights were also terminated under section 232.116(1)(k) (parent has substance abuse problem and the child cannot be returned home). We review de novo. Iowa R. App. P. 6.4. I. Reasonable Efforts . Julie claims the State failed to provide reasonable efforts for reunification. We recognize Julie was afflicted with a very serious, if not life threatening, health condition, which disabled her for approximately five months. We also note that the court need not order termination if the absence of a parent is due to the parent's admission to a hospital. Iowa Code § 232.116(3)(e). Nonetheless, the children were out of her home for over one year prior to the termination hearing, and Julie was given many opportunities and services to improve her parenting skills, both before and after her medical problems, which would have avoided termination of her parental rights. Services began as early as August 1998 and continued to the termination hearing. The services were detailed in the record, and we find them to be more than adequate had Julie availed herself of the help offered.
Formerly Iowa R. App. P. 4.
We note appellants claim error was preserved on this issue, yet only point to the termination record for support. See In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997) (noting reasonable services must be demanded prior to the termination hearing, and that challenges to services should be made when the case plan is entered). The State concedes the issue, but the absence of any reference to the CINA record necessarily impedes our review.
II. Circumstances Leading to the Adjudication Continue to Exist . Brandon was adjudicated to be in need of assistance under Iowa Code section 232.2(6)(b) (a parent has physically abused a child). Mercedes was adjudicated under section 232.2(6)(c)(2) (likely to suffer harm due to a parent's failure to exercise care in supervising the child). Although there is no evidence in the record the children continue to suffer from physical abuse, there is clear and convincing evidence of other problems that lead to the adjudications. Under section 232.116(1)(c)(2), Julie's failure to care for or supervise the children has not been remedied. Numerous incidents of Julie's inability to supervise the children were detailed in the record and, while offered extensive help, she had not progressed to the point of even having unsupervised visitation with the children.
III. Children Could not be Returned to the Parents . Andrew concedes he could not care for the children as he was incarcerated at the time of the termination hearing. The child and family resource worker for Children and Families of Iowa reported Julie continued to lack the skills and initiative to adequately care for and ensure the safety of the children and to meet their physical and emotional needs. She also noted the children were not bonded with Julie. See In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997) ("At some point, the rights and needs of the child rise above the rights and needs of the parents.").
We agree with the juvenile court Julie and Andrew were given ample time and resources to reunite with their children, and were not able to do so.
AFFIRMED.