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IN THE COURT OF APPEALS OF IOWA No. 9-206 / 09-0213 Filed April 8, 2009 IN THE INTEREST OF T.S.-R., Minor Child, P.R., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Louise Jacobs, District Associate Judge.

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

Nancy Pietz, Des Moines for appellant mother. Robert Luedeman, Windsor Heights, for appellee father. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Cory McClure, Assistant County Attorney, for appellee State. Charles Fuson and Kimberly Ayotte of Youth Law Center, Des Moines, for minor child.

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

2 POTTERFIELD, J. I. Background Facts and Proceedings T.S.-R. came to the attention of the Iowa Department of Human Services (DHS) due to allegations that her father, Rick, had sexually abused her halfbrother. T.S.-R, age four, lived with her mother, father, and two older half-

brothers.1 One of her half-brothers consistently and credibly reported abuse, though his mother, Paula, reportedly did not believe such reports. Rick's children from another relationship previously had alleged that he had sexually abused them. In dealing with those allegations, DHS and Paula made safety plans that instructed Paula to call DHS if any of her children mentioned abuse by Rick. However, Paula made no efforts to protect T.S.-R. or either of her two halfbrothers from possible sexual abuse. T.S.-R. was temporarily removed from the home on October 5, 2007, and was placed in DHS custody on October 11, 2007. The child has remained in pre-adoptive foster care since removal from the parents' custody. Rick was ordered not to have contact with T.S.-R. The child was adjudicated a child in need of assistance on November 5, 2007. Three months later, Paula still lived with Rick and had not found employment. She failed to demonstrate any motivation to make the changes necessary to be reunited with T.S.-R. At the time of the review hearing on June 3, 2008, the DHS caseworker believed that Paula still lived with Rick. Paula missed a number of visits with the child and was not involved in therapy. By August 2008, Paula was employed full-time and was attending individual therapy. She was scheduled to visit her children three times per week.
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Rick was the father of T.S.-R., but not of her two half-brothers.

3 Her attendance at therapy and visitations was inconsistent. This inconsistency continued throughout the remainder of the case. Paula moved out of Rick's home and has moved several times since leaving his residence. The State filed a petition to terminate Paula's parental rights to T.S. -R. on October 8, 2008. The child's guardian ad litem supported the State's position that Paula's parental rights should be terminated. After a hearing, the juvenile court terminated Paula's parental rights on January 29, 2009, pursuant to Iowa Code section 232.116(1)(d) and (f) (2007).2 Paula appeals, arguing: (1) the

juvenile court erred in terminating her parental rights on the above-listed grounds; (2) termination of her parental rights is not in the best interests of her child; and (3) the juvenile court erred when it did not grant a permanency extension pursuant to Iowa Code section 232.104(2)(b). II. Standard of Review We review a termination of parental rights de novo. In re Z.H., 740

N.W.2d 648, 650-51 (Iowa Ct. App. 2007). Grounds for termination must be proved by clear and convincing evidence. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006). Our primary concern is the best interests of the child. Id. III. Termination of Parental Rights Though the juvenile court terminated Paula's parental rights on two statutory grounds, we need only find that termination is appropriate on one ground to affirm. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999). We agree with the juvenile court that clear and convincing evidence supported
2

termination

of

Paula's

parental

rights

pursuant

to

section

Paula's parental rights to T.S.-R. are the only rights at issue in this case.

4 232.116(1)(f). This section provides that termination is appropriate when: (1) the child is four years of age or older; (2) the child has been adjudicated a child in need of assistance; (3) the child has been removed from the physical custody of the parent for the last twelve consecutive months; and (4) there is clear and convincing evidence that the child cannot be returned to the parent's custody at the present time. Iowa Code

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