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IN THE INTEREST OF N.A.C., Minor Child, A.L.V., Mother, Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 6-940 / 06-1590
Case Date: 12/13/2006
Preview:IN THE COURT OF APPEALS OF IOWA No. 6-940 / 06-1590 Filed December 13, 2006 IN THE INTEREST OF N.A.C., Minor Child, A.L.V., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge.

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

Douglas Q. Davis, II, of Douglas Q. Davis, II Law Firm, Iowa City, for appellant-mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant County Attorney, J. Patrick White, County Attorney, and Kristin Parks, Assistant County Attorney, for appellee. Michael L. Mollman of Mollman Law Office, Cedar Rapids, for grandparent. Ellen Ramsey-Kacena, Iowa City, for father. Eric Nelson of Nelson Law Office, Coralville, guardian ad litem for minor child.

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

2

EISENHAUER, J. A mother appeals the termination of her parental rights to her child. She contends the State has failed to prove the grounds for termination by clear and convincing evidence. We review her claim de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002). N.A.C. was born in July 2005 and has been out of her mother's care since she was one month old. She is healthy and well adjusted and is in the custody of her paternal grandmother. The mother's parental rights were terminated

pursuant to Iowa Code sections 232.116(1)(d), (e), and (k) (2005). 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). Termination is appropriate pursuant to section 232.116(1)(e) where: (1) The child has been adjudicated a child in need of assistance pursuant to section 232.96. (2) The child has been removed from the physical custody of the child's parents for a period of at least six consecutive months. (3) There is clear and convincing evidence that the parents have not maintained significant and meaningful contact with the child during the previous six consecutive months and have made no reasonable efforts to resume care of the child despite being given the opportunity to do so. There is no dispute the first two elements have been shown. The mother

contends the State failed to prove she has not maintained significant and meaningful contact with the child. Significant and meaningful contact includes the affirmative assumption by the parents of the duties encompassed by the role of being a parent. Iowa Code
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