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IN THE INTEREST OF E.A., Minor Child, K.A.A., Mother, Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 6-978 / 06-1711
Case Date: 12/28/2006
Preview:IN THE COURT OF APPEALS OF IOWA No. 6-978 / 06-1711 Filed December 28, 2006 IN THE INTEREST OF E.A., Minor Child, K.A.A., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.

A mother appeals from the order terminating her parental rights to her son. AFFIRMED.

Cory R. Speth of Krug Law Firm, P.L.C., Cedar Rapids, for appellantmother Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Harold L. Denton, County Attorney, and Rebecca Belcher, Assistant County Attorney, for appellee-State. Mary McGee-Light, Assistant Public Defender, Cedar Rapids, for father. H. Nick Gloe of Gloe & Quint, Cedar Rapids, guardian ad litem for minor child.

Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.

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SACKETT, C.J. The mother of a child born in May of 2005 appeals from the juvenile court order terminating her parental rights to her son. She contends the State did not meet its burden of proof for either statutory ground relied on by the court and termination is not in the child's interest. We affirm. I. Background From August of 2005 until his removal in December of that year, the child lived with his maternal grandfather, and his mother would care for him at times on weekends. He was removed from his mother's care in December, based on allegations his parents were using illegal drugs. He was placed in the care of his maternal great aunt and uncle under the protective supervision of the Department of Human Services. In July of 2006, placement was changed to his maternal grandfather with the consent of all parties and the State petitioned to terminate both parents' rights. Following a hearing, the juvenile court terminated both of his parents' parental rights. II. Scope of review Our review of child-in-need-of-assistance proceedings is de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002). We review the facts and the law and adjudicate rights anew. In re H.G., 601 N.W.2d 84, 85 (Iowa 1999). We give weight to the juvenile court's factual findings but are not bound by them. In re E.H. III, 578 N.W.2d 243, 248 (Iowa 1998). The parent-child relationship is

constitutionally protected. Quilloin v. Walcott, 434 U.S. 246, 255, 98 S. Ct. 549, 554, 54 L. Ed. 2d 511, 519 (1978); Wisconsin v. Yoder, 406 U.S. 205, 233, 92 S. Ct. 1526, 1542, 32 L. Ed. 2d 15, 35 (1972). The State has the burden of proving

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the allegations by clear and convincing evidence. Iowa Code
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