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IN THE COURT OF APPEALS OF IOWA No. 2-475 / 12-0526 Filed June 27, 2012

IN THE INTEREST OF E.C., Minor Child, S.G., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County, Steven C. Clarke, Judge.

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

Nina Forcier of Nydle & Forcier, P.L.L.C., Waterloo, for appellant mother. A.R., Waterloo, pro se father. Thomas J. Miller, Attorney General, Janet L. Hoffman, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kathleen A. Hahn, Assistant County Attorney, for appellee State. Mary McGee-Light of the Juvenile Public Defender's Office, Waterloo, for minor child.

Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ.

2 DOYLE, J. A mother appeals from the order terminating her parental rights to her child, E.C. She claims (1) the State failed to prove the grounds for termination, (2) termination was not in the child's best interests, and (3) termination was not necessary due to the closeness of her relationship with the child. We affirm. I. Background Facts and Proceedings. E.C. was born in March 2010 and tested positive for marijuana. Shortly thereafter, the child came to the attention of the Iowa Department of Human Services (Department). The Department began offering the mother services, but the mother did not consistently follow through with the services. She then moved out of Iowa for a few months, and she returned in December 2010. In January 2011, the mother entered a treatment facility after it was reported she was abusing substances, alcohol, and prescription medication. However, she only remained there a few weeks, leaving against the advice of her counselor. In February 2011, the child was removed from the mother's care and placed in the care of his aunt. The juvenile court later adjudicated the child a child in need of assistance (CINA). The mother continued to struggle with drug use and mental health issues, entering several treatment programs during the pendency of this case, but she was either asked to leave the program or simply left during treatment against medical advice. The child was twice returned to the mother's care while she resided at treatment facilities, but those placements were short-lived, lasting no longer than about a month. In July 2011, the child was placed in foster care, where he has since remained.

3 The State filed a petition to terminate the mother's parental rights in January 2012. Following a hearing, the juvenile court entered an order

terminating the mother's parental rights under Iowa Code sections 232.116(1)(h) and (l) (2011). The mother appeals. II. Scope and Standards of Review. We review the juvenile court's decision to terminate parental rights de novo. See In re P.L., 778 N.W.2d 33, 40 (Iowa 2010). The State must prove grounds for termination by clear and convincing evidence. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006). III. Discussion. A. Grounds for Termination and Additional Time. We need only find termination proper under one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct. App. 1995). In this case, we choose to focus our attention on section 232.116(1)(h). Under that section, parental rights may be terminated if the court finds by clear and convincing evidence that the child is three years of age or younger, has been adjudicated a CINA, has been removed from the physical custody of his parents for at least six months of the last twelve months, or for the last six consecutive months and any trial period at home has been less than thirty days, and there is clear and convincing evidence that the child cannot be returned to the custody of the child 's parents at the present time. Iowa Code

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