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IN THE COURT OF APPEALS OF IOWA No. 0-829 / 10-1390 Filed December 8, 2010 IN THE INTEREST OF K.L.A., K.J.A., and K.S., Minor Children, R.S., Father of K.S., Appellant, D.D.A., Father of K.L.A. and K.J.A., Appellant, P.A., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Harrison County, Mark J. Eveloff, District Associate Judge.

A mother and two fathers appeal from the order terminating their parental rights. AFFIRMED ON ALL APPEALS.

Jack J. White of Jack J. White, P.C., Missouri Valley, for appellant father of K.L.A. and K.J.A. William T. Early, Harlan, for appellant father of K.S. Jesse A. Render, Logan, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Jennifer Mumm, County Attorney, and Judson L. Frisk, Assistant County Attorney, for appellee.

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Roberta Megal, Council Bluffs, attorney and guardian ad litem for minor children.

Considered by Sackett, C.J., and Vogel and Vaitheswaran, JJ.

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SACKETT, C.J. A mother and two fathers appeal from the order terminating their parental rights. Priscilla, the mother, contends the State did not make reasonable efforts to reunify her with her children, the court erred in finding the children could not be returned to her at the time of the termination, and the court should not have ordered termination because the children are in the care of a relative and there is a close parent-child bond. Ross, the father of the oldest child, contends the State did not make reasonable efforts to reunite him with his child. Donald, Priscilla's husband and the father of the two younger children, contends the State did not make reasonable efforts to reunite him with his children. His remaining three claims are unclear, but we understand claims two 1 and three2 to be that the court erred in finding the children could not be returned to his care at the time of the termination. His fourth claim3 appears to be that the court should not have ordered termination because the children are in the care of a relative (his mother). Background and Proceedings. Priscilla is the mother of three children, K.S., born in 2003, K.J.A., born in 2006, and K.L.A., born in 2008. Ross is the father of K.S. Donald is the father of the two younger children. The family came to the attention of the Department of Human services in April of 2008 because of allegations the family's living conditions were not clean and safe. This resulted in

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"That [the father] complied with many of the requirements of the DHS case plan, and was unable to comply with several others due to financial difficulties." 2 "That [the father] has been successfully on probation since November 2008." 3 "That the children . . . will be adopted by his parents, and the children's relationship with their father will be essentially unchanged by termination of his parental rights."

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a founded report of denial of critical care for failure to provide adequate shelter. Until January of 2009, the family received services voluntarily. The services

were designed to help the parents develop parenting skills, provide for the children's physical and emotional needs, and address violence and distrust between the parents. The voluntary services ended in January of 2009 because the parents did not cooperate. In addition, Donald was on probation from a conviction of operating while intoxicated and faced criminal charges for domestic assault and smashing mail boxes. In February of 2009 the children were placed in protective custody after the oldest child reported that her mother struck her and a sibling with a hairbrush hard enough to draw blood. Following the incident in February, which resulted in a founded abuse assessment for denial of critical care based on the physical abuse, the children were found to be in need of assistance after a hearing in late March. The court continued the placement of the children in the care of the paternal grandmother of the younger two children. The adjudicatory order also provided for the parents to receive family safety, risk and permanency services; ordered the father of the younger two children to complete a batterer's education program, outpatient substance abuse treatment, and any recommended aftercare; and directed the mother and the father of the oldest child to obtain substance abuse evaluations and follow any

recommendations. Ross, the father of K.S., had not seen her in about two years at this time. A home study of Ross's home in Arkansas was ordered. In May,

Arkansas requested updated information on Ross as attempts to contact him had

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been unsuccessful.

In July, Arkansas notified Iowa that placement was not

recommended due to lack of a response from Ross. In February of 2010 the State petitioned to have the parental rights of all three parents terminated, as well as those of any unknown putative fathers. Following a hearing in July, the court issued its order terminating the parental rights of all three parents. The court found clear and convincing evidence

supported terminating Priscilla's parental rights under Io wa Code sections 232.116(1)(f) and (h) (2009); Ross's parental rights under section 232.116(1)(f); and Donald's parental rights under sections 232.116(1)(h) and (l). Giving primary consideration to the factors set forth in section 232.116(2), the court found the children's needs best suited by permanent placement with Chrystal (the paternal grandmother of the two younger children). The court considered the exception to termination in section 232.116(3)(a), but determined that because the children could not be returned to a parent's custody at that time or "any time in the near future" the children's need for permanency was best served by termination of parental rights so they could be adopted. Scope and Standards of Review. Our review of juvenile court orders terminating parental rights is de novo. Iowa R. App. P. 6.907 (2009). 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 must prove the statutory grounds for termination by clear and convincing evidence. See Iowa Code

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