Preview:

IN THE COURT OF APPEALS OF IOWA No. 8-964 / 08-1655 Filed December 31, 2008 IN THE INTEREST OF Q.R. and J.G., JR., Minor Children, S.R., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Joe E. Smith, District Associate Judge.

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

Nichole Miras Mordini of Davis, Brown, Koehn, Shors & Roberts, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Jennifer Galloway, Assistant County Attorney, for appellee. Michelle Saveraid, Des Moines, guardian ad litem for minor children.

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

2

SACKETT, C.J. Twenty-two year old S.R., the mother of Q.R., born in January of 2007, and J.G., born in February of 2008, appeals from the juvenile court order terminating her parental rights. 1 She contends the evidence was insufficient to prove (1) reunification was not possible and (2) termination was in the best interest of the children. We affirm. I. Background S.R. was involved in an abusive relationship with J.G.'s father in 2007 and 2008. In late 2007 she left Q.R. in his care while she did Christmas shopping. Q.R. was injured while in his care, suffering three ruptured vertebrae and a collapsed lung. Q.R. was removed from S.R.'s care in December and found to be in need of assistance in February of 2008. The court removed J.G. from S.R.'s care the day after his birth and found him to be in need of assistance in March. Both children were placed in the care of relatives, where they remained throughout these proceedings. In May of 2008, following several months of services to S.R. with little progress, the State sought termination of her parental rights under Iowa Code sections 232.116(1)(a) (consent), (b) (abandonment), (d) (uncorrected

circumstances leading to abuse or neglect), (e) (failure to maintain a significant and meaningful relationship), (h) (child cannot safely be returned to parent), and (i) (uncorrected danger of abuse or neglect) (2007). A contested hearing was held on September 2. In an order filed October 3, the court concluded S.R. did
1

The court also terminated the parental rights of the children's fathers, but they are not at issue in this appeal.

3

not have an intent to abandon the children, but further concluded the State proved the statutory grounds for termination under sections (d), (e), (h), and (i). The court terminated S.R.'s parental rights on those grounds. II. Scope and Standards of Review We review termination proceedings de novo. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006). Although we are not bound by them, we give weight to the trial court's findings of fact, especially concerning the credibility of witnesses. Iowa R. App. P. 6.14(6)(g); In re M.M.S., 502 N.W.2d 4, 5 (Iowa 1993). The State has the burden of proving the grounds for termination by clear and convincing evidence. In re T.A.L., 505 N.W.2d 480, 483 (Iowa 1993); see, e.g., Iowa Code

Download IN THE INTEREST OF Q.R. and J.G., JR., Minor Children, S.R., Mother, Appellan

Iowa Law