In re SR, No. 98-1324.

CourtCourt of Appeals of Iowa
Writing for the CourtSTREIT, J.
Citation600 N.W.2d 63
PartiesIn the Interest of S.R., Minor Child, F.C., Mother, Appellant.
Decision Date23 June 1999
Docket NumberNo. 98-1324.

600 N.W.2d 63

In the Interest of S.R., Minor Child, F.C., Mother, Appellant

No. 98-1324.

Court of Appeals of Iowa.

June 23, 1999.


Kellyann M. Lekar of Roberts & Stevens, P.L.C., Waterloo, for appellant.

Thomas J. Miller, Attorney General, Chris C. Odell, Assistant Attorney General, and Melissa L. Smith, Assistant County Attorney, for appellee State.

Heidi L. Noonan-Day of Gottschalk, Shinkle & Noonan-Day, Cedar Falls, guardian ad litem for minor child.

Heard by HUITINK, P.J., and STREIT and VOGEL, JJ.

STREIT, J.

A mother whose daughter had fifteen broken bones by the age of three months caused by intentional abuse appeals termination of her parental rights. Because we find clear and convincing evidence supports termination of her parental rights under sections 232.116(1)(c) & (h) of the Iowa Code, we affirm.

I. Background Proceedings & Facts.

Faith and Jason are the parents of Shania, born in December of 1996. In March of 1996 Shania was temporarily removed from her parents' custody after it was discovered during a medical examination she had fifteen broken bones. The examining physician concluded the injuries were non-accidental based on their severity and type. Following an investigation, Shania

600 N.W.2d 64
was placed with her paternal grandparents. In July of 1997, Shania was adjudicated a child in need of assistance. The Department of Human Services was unable to determine the identity of the child abuse perpetrator

The parents denied their involvement in Shania's injuries, blaming medical professionals or congenital defects and failed, as required by DHS, to develop a plan to protect Shania from future injury. The State filed a petition to terminate parental rights under Iowa Code sections 232.116(1)(c)(g) & (h) (1997) in December of 1997. The district court found clear and convincing evidence existed to terminate Faith and Jason's parental rights under those sections. Faith appeals termination of her parental rights.

II. Standard of Review.

We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa App.1997). Our primary concern is the best interest of the child. In re A.B., 554 N.W.2d 291, 293 (Iowa App.1996).

III. The Merits.

Faith contends the State did not prove the grounds for termination under sections 232.116(1)(c) or (h)1. Specifically, she argues there is not clear and convincing evidence Shania could not be returned to the care of her parents, that reasonable services were not offered to reunite Shania with her mother, and that it is not in Shania's best interest to be returned to her parents. She also argues the trial court erred in terminating parental rights rather than entering a permanency order placing Shania with her grandparents.

When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm. In re A.J., 553 N.W.2d 909, 911 (Iowa App.1996). In this case, however, we find clear and convincing evidence supports the district court's decision to terminate Faith's parental rights under both sections (c) and (h).

Shania was adjudicated a child in need of assistance after she was physically abused. Although Faith argues her fifteen broken bones were caused by either...

To continue reading

Request your trial
712 practice notes
  • In re Interest of J.A.P., No. 9-666/09-0486 (Iowa App. 11/25/2009), No. 9-666/09-0486.
    • United States
    • Court of Appeals of Iowa
    • 25 November 2009
    ...herself from this case. B. Ineffective Assistance of Counsel. Our review of a termination of parental rights case is de novo. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999). When the court terminates parental rights on more than one ground, we only need to find grounds to terminate unde......
  • In the Interest of L.R., No. 9-993/09-1544 (Iowa App. 1/22/2010), No. 9-993/09-1544.
    • United States
    • Court of Appeals of Iowa
    • 22 January 2010
    ...P. 6.903(2)(g)(3) (2009) ("Failure to cite authority in support of an issue may be deemed waiver of that issue."); In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999) ("When the juvenile court terminates parental rights on more than one statutory ground, we need only find grou......
  • In re CH, No. 01-0953.
    • United States
    • United States State Supreme Court of Iowa
    • 9 October 2002
    ...services at the proper time, the parent waives the issue and may not later challenge it at the termination proceeding. See In re S.R., 600 N.W.2d 63, 65 (Iowa Ct.App.1999); In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct.App.1994) (parent must demand services if he or she feels they are inadequa......
  • In the Interest of E.G., No. 5-184/05-0131 (IA 4/13/2005), No. 5-184/05-0131
    • United States
    • United States State Supreme Court of Iowa
    • 13 April 2005
    ...concerning any of the issues Pamela raises on appeal. Our review is de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993); In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999). The grounds for termination must be proved by clear and convincing evidence. In re M.W., 458 N.W.2d 847, 850 (Iowa 1990......
  • Request a trial to view additional results
712 cases
  • In re Interest of J.A.P., No. 9-666/09-0486 (Iowa App. 11/25/2009), No. 9-666/09-0486.
    • United States
    • Court of Appeals of Iowa
    • 25 November 2009
    ...herself from this case. B. Ineffective Assistance of Counsel. Our review of a termination of parental rights case is de novo. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999). When the court terminates parental rights on more than one ground, we only need to find grounds to terminate unde......
  • In the Interest of L.R., No. 9-993/09-1544 (Iowa App. 1/22/2010), No. 9-993/09-1544.
    • United States
    • Court of Appeals of Iowa
    • 22 January 2010
    ...P. 6.903(2)(g)(3) (2009) ("Failure to cite authority in support of an issue may be deemed waiver of that issue."); In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999) ("When the juvenile court terminates parental rights on more than one statutory ground, we need only find grou......
  • In re CH, No. 01-0953.
    • United States
    • United States State Supreme Court of Iowa
    • 9 October 2002
    ...services at the proper time, the parent waives the issue and may not later challenge it at the termination proceeding. See In re S.R., 600 N.W.2d 63, 65 (Iowa Ct.App.1999); In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct.App.1994) (parent must demand services if he or she feels they are inadequa......
  • In the Interest of E.G., No. 5-184/05-0131 (IA 4/13/2005), No. 5-184/05-0131
    • United States
    • United States State Supreme Court of Iowa
    • 13 April 2005
    ...concerning any of the issues Pamela raises on appeal. Our review is de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993); In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999). The grounds for termination must be proved by clear and convincing evidence. In re M.W., 458 N.W.2d 847, 850 (Iowa 1990......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT