 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
IN THE INTEREST OF T.A.H.2/6/2002
Argilee appeals the termination of her parental rights to two children. She contends: (1) the State failed to make reasonable efforts to reunite her with her children and (2) termination of her rights was not in their best interests. We disagree and affirm.
I. Background Facts and Proceedings
Argilee is the mother of Trevor, born in 1994, and Aaliyah, born in 1998. Trevor was born with cocaine in his system. As a result, the Department of Human Services placed him in the care of Argilee's mother, Ester, and issued a founded child abuse report against Argilee. The department initially afforded Argilee in-home therapy and outpatient chemical dependency therapy. Later, Argilee also participated in in-patient recovery programs. None were successful in resolving Argilee's dependence on cocaine, marijuana, and alcohol.
Argilee was still receiving services to address her addictions following the birth of Aaliyah. She again tested positive for cocaine in her system. The department placed Aaliyah in foster care with a non-relative and Trevor in foster care with his grandmother,who had been his surrogate parent throughout his young life. Soon afterward, Argilee entered yet another drug treatment center and the children were transferred to her at the facility. After three months, the center discharged her for lack of progress and both children were placed in non-relative foster care.
The State filed a petition to terminate Argilee's parental rights vis-a-vis Trevor and Aaliyah. The juvenile court granted the petition and this appeal followed. Our review is de novo. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).
II. Statutory Elements
A. Reasonable Services. At the termination hearing, Argilee asserted that she had recently been diagnosed with attention deficit hyperactivity disorder (ADHD) and placed on medication to alleviate this disorder. She urged the department and the court to afford her time for the medication to take effect before requiring full compliance with department directives. The juvenile court rejected this request, noting that the department had already furnished her services to address mental health issues. The juvenile court terminated Argilee's parental rights under Iowa Code sections 232.116(1) (c) (physical or sexual abuse or neglect); (d) (no significant and meaningful contact); (e) (child four or older cannot be returned); (g) (child under three cannot be returned); and (k) (chronic substance abuse). Each of these provisions either explicitly or implicitly requires the department to provide reasonable services to facilitate reunification. See Iowa Code ยง 232.116(1)(c)(2) (parents offered or received services); 232.116(1)(d)(3) (parents given an opportunity to resume care of child); In re C.B., 611 N.W.2d 489, 493 (Iowa 2000) (stating State must show reasonable efforts as a part of its ultimate proof the child cannot be safely returned to the care of a parent).
The record is replete with evidence of departmental services tailored to deal with Argilee's addictions and related parenting deficiencies. Argilee failed to take advantage of these services. She participated in no less than seven treatment programs but was discharged from several facilities for lack of progress or noncompliance with program goals. In the months preceding the termination hearing, she tested positive for cocaine, discontinued drug testing, and was arrested and charged with assault and operating while intoxicated. At the time of these events, she had been receiving services for about five years. Given Argilee's lack of cooperation with the services provided, we conclude the department was not obligated to provide additional services or
Page 1 2 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|