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IN THE INTEREST OF M.W., Minor Child, T.R.B., Mother, Appellant, M.W., Minor Child, Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 0-830 / 10-1353
Case Date: 12/08/2010
Preview:IN THE COURT OF APPEALS OF IOWA No. 0-830 / 10-1353 Filed December 8, 2010

IN THE INTEREST OF M.W., Minor Child, T.R.B., Mother, Appellant, M.W., Minor Child, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge. A mother appeals the district court's order terminating her parental rights. AFFIRMED.

Kathleen T. Sandre of Coppola, McConville, Coppola, Hockenberg, & Scalise, P.C., West Des Moines, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Stephanie Brown, Assistant County Attorney, for appellee State. Lynn Poschner of Borseth Law Offices, Altoona, for appellee father. Nancy L. Pietz, Des Moines, and Kimberly Ayotte of Youth Law Center, Des Moines, attorneys for minor child.

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

2 VOGEL, J. Tonya appeals the termination of her parental rights to her child, M.W., born March 1997.1 After a two day hearing, (May 14 and June 25, 2010) the district court terminated Tonya's rights under Iowa Code sections 232.116(1)(d) (adjudicated CINA for physical abuse or neglect, circumstances continue despite services), and (g) (child CINA, parent's rights to another child were terminated, parent does not respond to services). We affirm. Our review of termination of parental rights cases is de novo. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006). When the district court terminates parental rights on more than one statutory ground, we only need to find grounds to terminate parental rights under one of the sections cited by the district court in order to affirm. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct. App. 1996). Although this case involves only M.W., Tonya has previously had her rights terminated to two children, both younger than M.W.; four other children are under juvenile court jurisdiction. While not directly related to the termination of Tonya's parental rights to M.W., this fact sheds light on Tonya's ongoing problems and her inability to learn acceptable standards of parenting such that M.W. could be returned to her care without suffering additional adjudicatory harm. Case history records are entitled to much probative force when a parent's current performance is being examined. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993).

1

The parental rights of M.W.'s biological father were also terminated and he does not appeal.

3 The Iowa Department of Human Services (DHS) became actively involved with Tonya in 2003, and she began receiving services following various child protective assessments. Citing concerns of Tonya's neglect of M.W., (including a lack of food, exposure to illegal drugs, and unsafe living conditions) coupled with Tonya's chronic history of being a victim of domestic abuse, M.W. was removed from Tonya's custody in May 2008, and adjudicated a child in need of assistance (CINA) in July 2008. Tonya claims the court erred in terminating her parental rights, asserting she should have been granted an additional six months to work towards reunification.2 Iowa Code
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