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IN THE INTEREST OF C.G., Minor Child, C.G., Mother, Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 1-921 / 11-1562
Case Date: 12/21/2011
Preview:IN THE COURT OF APPEALS OF IOWA No. 1-921 / 11-1562 Filed December 21, 2011 IN THE INTEREST OF C.G., Minor Child, C.G., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge.

A mother appeals the termination of her parental rights to her child. AFFIRMED.

Timothy Tupper, Davenport, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Michael Walton, County Attorney, and Julie A. Walton, Assistant County Attorney, for appellee. Dana Copell, Davenport, attorney and guardian ad litem for minor child.

Considered by Danilson, P.J., and Tabor and Mullins, JJ.

2

TABOR, J. A young mother appeals the termination of her parental rights to her son, C.G., arguing termination is not in his best interests. Despite nearly two years of involvement with the Department of Human Services (DHS), the mother has failed to improve her parenting skills so that she can competently care for the child. Nor is placement with the maternal grandmother in C.G.'s best interests given concerns about the safety of the grandmother's home and ongoing violence between the mother and grandmother. Because the child's best

interests are served by termination of the mother's parental rights, we affirm. I. Background Facts and Proceedings. This family came to the attention of the DHS shortly after C.G.'s birth in October 2009. Child protection workers were concerned about eighteen-year-old Cassandra's developmental delays and her ability to care for C.G. 1 In the first assessment report, the worker wrote: "Cassandra has no concept of what an infant's needs are and how to meet them. Cassandra is not feeding the infant and taking care of the infant unless her mother is in the [hospital] room with her." At the time of C.G.'s birth, Cassandra lived with her mother, who helped care for the infant. The DHS offered parenting classes to help Cassandra But Cassandra did not

develop the necessary skills to safely parent C.G.

cooperate with services; she failed to take her prescribed medication on a regular basis, refused to answer the service provider's questions, and did not participate in mental health treatment.

1

The identity of C.G.'s father is unknown.

3

Because Cassandra failed to improve her parenting skills, the court approved removal of the child from her care in June 2010. The DHS placed C.G. in the care of his maternal grandmother.2 Although workers harbored safety concerns about the grandmother's home--mainly with the lack of cleanliness and potential choking hazards for the child--the DHS initially believed the family placement was in the child's best interests. But the DHS moved C.G. into foster care in February 2011 after another altercation between Cassandra and her mother. Police officers responded to the apartment and Cassandra was ordered to stay out of the home. Two days later the police responded to a second call regarding a domestic disturbance between the mother and grandmother. The child was removed due to concerns regarding ongoing violence, the grandmother's lack of supervision, and unsafe conditions in the home.3 Following the child's placement in a foster home, the mother seemingly abandoned all efforts to regain custody. She failed to comply with the case permanency plan and her attendance at visitation with the child was inconsistent. In June 2011, the State filed a petition to terminate the mother's rights pursuant to Iowa Code sections 232.116(1)(b), (d), (e), (h), (i), (k), and (l) (2011). Following a hearing in August 2011, the juvenile court ordered the mother's parental rights be terminated under sections 232.116(1)(b), (d), (e), (h), and (i).

2

Cassandra continued to reside with her mother until November 24, 2010, when Cassandra assaulted her mother. Police arrested Cassandra and she spent six days in jail. 3 Police saw broken glass on the kitchen floor, as well as other choking hazards within reach of the child. A neighbor reported that the grandmother left C.G., a toddler, alone for as long as ten minutes.

4

II.

Scope and Standard of Review. We review termination orders de novo. In re P.L., 778 N.W.2d 33, 40

(Iowa 2010). The de novo standard applies to both the statutory grounds for termination under section 232.116(1) and the best-interest determination under section 232.116(2). Id. We are not bound by the juvenile court's findings of fact, but we accord them weight, especially in assessing the credibility of witnesses. In re D.W., 791 N.W.2d 703, 706 (Iowa 2010). III. Analysis. The juvenile court terminated Cassandra's parental rights pursuant to five subsections. She does not allege that the State failed to meet its burden of proving the grounds for termination by clear and convincing evidence. Instead, she contends termination is not in C.G.'s best interests. See Iowa Code

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