IN THE INTEREST OF E.S., Minor Child, K.D.L., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-255 / 07-0390
Filed April 25, 2007
IN THE INTEREST OF E.S.,
Minor Child,
K.D.L., Father,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Wapello County, William S. Owens,
Associate Juvenile Judge.
A father appeals from the order terminating his parental rights.
AFFIRMED.
Allen Anderson of Spayde, White & Anderson, Oskaloosa, for appellant
father.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Mark Tremmel, County Attorney, and Seth Harrington,
Assistant County Attorney, for appellee State.
Cynthia Hucks, Ottumwa, for maternal grandmother.
Shannon Woods of Harrison, Moreland & Webber, P.C., guardian ad
litem.
Considered by Huitink, P.J., and Zimmer and Vaitheswaran, JJ.
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ZIMMER, J.
Kenneth appeals from the juvenile court order terminating his parental
rights to his son. We affirm.
I.
Background Facts and Proceedings
Kenneth is the father and Erica 1 is the mother of Ethan, born in January
2005. Ethan was born prematurely. Kenneth was in prison when his son was
born.
Ethan was brought to the attention of the Iowa Department of Human
Services (Department) in February 2005 when hospital personnel informed the
Department that Erica was unable to care for Ethan because of his special
needs. Ethan was placed into voluntary foster care following his discharge from
the hospital in March 2005 and was adjudicated as a child in need of assistance
(CINA) the following month.
Ethan’s mother was unable to care for her son without constant prompting.
As a result, in the fall of 2005, the Department asked the State to file a petition
for the termination of parental rights.
The juvenile court held a termination
hearing in December 2005. The court dismissed the petition without prejudice
because it found Kenneth had not received reunification services.
Kenneth was released from prison in April 2006. Shortly after leaving
prison, he met with a social worker from the Department to establish a plan for
visitation, substance abuse treatment, and parenting skills education. Kenneth
attended only two parenting skills sessions and had only two visits with Ethan.
By June 2006 Kenneth was not cooperating with services, and the Department
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Erica died in a car accident in July 2006.
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received information that he and Erica had been recently involved in criminal
activity.
Kenneth was arrested in August 2006 for violating the terms of his
parole.
The State filed a second petition to terminate Kenneth’s parental rights on
August 17, 2006. At the time the termination hearing was held, Kenneth was
serving a prison term for criminal offenses committed in Iowa.
In addition,
Kenneth had unresolved criminal charges pending in Maryland. In an order filed
February 19, 2007, the juvenile court terminated Kenneth’s parental rights
pursuant to Iowa Code section 232.116(1)(h) (2005) (child is three or younger,
child CINA, removed from home for six of last twelve months, and child cannot
be returned home). Kenneth has appealed.
II.
Scope and Standards of Review
We review termination proceedings de novo. In re R.E.K.F., 698 N.W.2d
147, 149 (Iowa 2005). The grounds for termination must be supported by clear
and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000). We are
primarily concerned with the child’s best interests in termination proceedings. In
re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct. App. 1997).
III.
Discussion
In this appeal, Kenneth contends reasonable efforts were not made to
reunite him with Ethan.
He also argues termination is not in Ethan’s best
interests. Upon our review of the record, we find no merit in either of the father’s
arguments.
Kenneth does not say what additional services should have been provided
or how those services could have impacted reunification efforts.
When the
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parent alleging inadequate services fails to demand services other than those
provided, the issue of whether the services were adequate is not preserved for
appellate review. In re S.R., 600 N.W.2d 63, 65 (Iowa Ct. App. 1999). We find
Kenneth failed to preserve error on this issue. Moreover, the record reveals
Kenneth failed to comply with services offered by the Department.
visited his son just two times after being released from prison.
Kenneth
He stopped
complying with services in June 2006. A short time later, he violated the terms of
his parole and was incarcerated.
Even when the statutory grounds for termination are met, the decision to
terminate parental rights must reflect the child’s best interests. In re M.S., 519
N.W.2d 398, 400 (Iowa 1994). When we consider the child’s best interests, we
look to his or her long-range as well as immediate best interests. In re C.K., 558
N.W.2d 170, 172 (Iowa 1997). Ethan has many special needs because of his
premature birth, and he has severe developmental delays. Although Ethan was
almost two years old at the time of the termination hearing, he was unable to
walk.
Ethan has feeding problems, hearing problems, and he suffers from
asthma. Ethan is being taught sign language because of his communication
difficulties. The child will probably be mildly to severely mentally disabled.
There is no credible evidence in the record that suggests additional time
would allow Ethan to be returned to his father’s care. Ethan has never been in
his father’s care. At the time of the termination hearing, Kenneth was in prison
facing a lengthy term of incarceration. Ethan deserves stability and permanency,
which his father cannot provide. In re C.D., 509 N.W.2d 509, 513 (Iowa Ct. App.
1993). At the time of the termination hearing, Ethan had been in his current
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foster placement for ten months, and his foster mother was willing to adopt him.
This child should not be made to wait any longer for his father to become a
responsible parent. J.L.W., 570 N.W.2d at 781. We conclude termination of
Kenneth’s parental rights is in the child’s best interests.
IV.
Conclusion
We affirm the juvenile court’s decision to terminate Kenneth’s parental
rights.
AFFIRMED.
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