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IN THE COURT OF APPEALS OF IOWA No. 1-133 / 11-0001 Filed March 7, 2011

IN THE INTEREST OF S.C., M.C., and K.C., Minor Children, L.M.D., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Pottawattamie County, Mark J. Eveloff, Judge.

A mother appeals an order terminating her parental rights to three children. AFFIRMED.

John P. Heithoff, Council Bluffs, for appellant mother. Roberta Megel, Council Bluffs, for father of M.C. and K.C. Brian Rhoten, Council Bluffs, for father of S.C. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Matthew Wilber, County Attorney, and Eric Strovers, Assistant County Attorney, for appellee State. Tricia McSorley and Sara Thalman, Council Bluffs, for minor children.

Considered by Sackett, C.J., and Potterfield and Mansfield, JJ.

2 MANSFIELD, J. A mother appeals from the order terminating her parental rights to her three children under Iowa Code sections 232.116(1)(d), (e), and (h) (2009).1 She contends there was insufficient evidence to establish the statutory grounds for termination and termination was not in the childrens best interests. Upon our de novo review, see In re J.E., 723 N.W.2d 793, 798 (Iowa 2006) (review of termination of parental rights is de novo), we affirm. Lynn is the mother of K.C. (born 2007), M.C. (born 2008), and S.C. (born 2010). Lynn has a lengthy history of substance abuse, including a relapse during her pregnancy with S.C. In December 2009, while she was on bed rest due to that pregnancy, Lynn placed K.C. and M.C. into the care of maternal relatives. However, after S.C.s birth, Lynn remained inconsistent in her housing and her care for the children and continued to rely on her maternal relatives to meet the childrens needs. On February 17, 2010, Lynn tested positive for methamphetamine during a meeting with her probation officer.2 As a result, the children were legally

removed from Lynns care, and their placement was confirmed with the maternal relatives.3 A subsequent child protective assessment was founded for denial of critical care and failure to provide adequate supervision. The children were

adjudicated children in need of assistance (CINA) under Iowa Code sections 232.2(6)(c)(2), (g), and (n) on May 17, 2010.

The district court also terminated the parental rights of the father of K.C. and M.C. and the father of S.C. The fathers have not appealed. 2 Lynn was on probation for a second-degree burglary charge. 3 S.C. was subsequently placed in foster family care.

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3 Following the childrens removal, because Lynn had violated the terms of her probation, she was placed in a womens residential correctional facility. However, on May 9, 2010, Lynn was discharged from the facility after she tested positive for illegal substances. Lynn went to jail for a short time, but bonded out after two days and began residing with S.C.s father, who himself had substance abuse problems and was later incarcerated. On June 8, 2010, Lynns last visit with the children took place. Thereafter, the Iowa Department of Human Services (DHS) had difficulty locating Lynn, who did not accept DHSs offers of visitation.4 On July 7, 2010, Lynn was arrested and subsequently sentenced to 180 days in jail for violating her terms of probation. Her expected release date was January 25, 2011. During this case, Lynn was offered weekly scheduled visits with the children through the family case manager as well as the opportunity to arrange additional visits by contacting her relatives. As noted, Lynn has not seen or interacted with any of her children since June 8, 2010. On October 21, 2010, the State filed a petition for the termination of parental rights. The petition came on for a hearing on November 30, 2010. The guardian ad litem for the children favored termination. The DHS caseworker testified that she did not believe Lynn would be in a position to care for the children even after her anticipated January 25 release from jail. Before her

incarceration, the caseworker noted, Lynn had been unable to provide clean drug

There are indications in the record that Lynn did not attend visitation because she was afraid of being arrested for violating her probation.

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4 screens and had neither suitable housing nor employment. Also, Lynn had not consistently exercised visitation. Lynn did not testify at the hearing. On December 22, 2010, the district court entered an order termination Lynns parental rights pursuant to Iowa Code sections 232.116(1)(d), (e), and (h). Lynn appeals. When the district court terminates parental rights on more than one statutory ground, we need only find termination appropriate under one of the grounds to affirm. In re D.W., 791 N.W.2d 703, 707 (Iowa 2010). We find

termination to be proper under section 232.116(1)(h). At the time of the termination hearing, all of the children were three years of age or younger, had been adjudicated CINA, and had been removed from Lynns custody for at least six of the last twelve mon ths. Iowa Code

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