IN THE INTEREST OF D.C., Minor Child, R.N., Father, Appellant.
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF IOWA
No. 7-729 / 07-1433
Filed October 12, 2007
IN THE INTEREST OF D.C.,
Minor Child,
R.N., Father,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Muscatine County, Gary P.
Strausser, District Associate Judge.
A father appeals from the order terminating his parental rights.
AFFIRMED.
Stephen W. Newport of Newport & Newport, P.L.C., Davenport, for
appellant father.
Roland Caldwell of Muscatine Legal Services, Muscatine, for mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, Gary Allison, County Attorney, and Korie Shippee, Assistant
County Attorney, for appellee State.
Mark J. Neary, Muscatine, for minor child.
Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.
2
MAHAN, P.J.
Robert appeals from the order terminating his parental rights to his twoyear-old son, Dalton. We affirm.
I. Background Facts and Prior Proceedings
Robert has an extensive criminal history. Since June 1996 he has had
numerous criminal convictions ranging from domestic abuse to possession of a
firearm by a felon.
In 2001 his parental rights to two other children were
terminated. These children were subsequently adopted by Robert’s mother.
In 2005 Robert was sentenced to a twenty-five year prison term for selling
methamphetamine. Dalton was born while Robert was incarcerated.
Dalton was removed from his mother’s home in August 2006. The issues
that led to removal included substance abuse, a lack of appropriate supervision,
and an unstable residence.
Dalton was placed with Robert’s mother on
November 29, 2006, and adjudicated a child in need of assistance (CINA) on
December 2, 2006.
During these proceedings, Dalton has remained with
Robert’s mother and his two half-siblings. Robert’s mother brought Dalton to visit
his father in prison approximately twelve times.
The State filed the present petition to terminate both parents’ parental
rights on June 4, 2007. The termination hearing was held on July 23. Dalton’s
mother did not appear at the hearing but did consent to the termination. 1 Robert
appeared by telephone. Robert testified as to how he had changed his life while
in prison. He completed substance abuse treatment, marriage and parenting
classes, a criminal thinking class, and also received treatment for anxiety. In
1
She is not a party to this appeal.
3
total, he completed all recommended services and received favorable comments
from the service providers. Robert was in the process of being paroled, and he
anticipated an imminent release. He indicated that he planned to live with his
sister once he was released from prison.
The court terminated both parents’ parental rights, specifically terminating
Robert’s parental rights pursuant to Iowa Code sections 232.116(1)(b), (e), (g),
(h), (l) and 232.117 (2007).
On appeal, Robert concedes there were statutory grounds for termination
under section 232.116(1)(h) (child is three or younger, child CINA, removed from
home for six of last twelve months, and child cannot be returned home).
However, he contends the court should have established his mother as Dalton’s
guardian so that he could have an opportunity to prove he has changed his life.
The guardian ad litem filed an appellate brief contending termination was in
Dalton’s best interests.
II. Standard of Review
We review termination of parental rights de novo. In re J.E., 723 N.W.2d
793, 798 (Iowa 2006). Grounds for termination must be proved by clear and
convincing evidence. Id. Our primary concern is the best interests of the child.
Id.
III. Merits
Iowa Code section 232.116(3)(a) states that the court need not terminate
parental rights if the child is in the legal custody of a relative. This section is
permissive and not mandatory. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App.
4
1997). The juvenile court has the discretion to apply this section based on the
circumstances before it and the best interests of the child. Id.
We look to a parent’s past performance to consider what the future may
hold for the child if returned to that parent. See In re T.B., 604 N.W.2d 660, 662
(Iowa 2000) (“The future can be gleaned from evidence of the parents’ past
performance and motivations.”).
The record reveals that Robert has not demonstrated an ability to maintain
sobriety outside of a supervised setting or an ability to provide for himself outside
of a prison setting. He acknowledges that he cannot provide a home for Dalton
at the time of the termination hearing due to his incarceration. He is also unsure
whether he would be able to immediately provide a home for Dalton once he was
released from incarceration. Robert has not established a significant relationship
with Dalton because he has spent less than twenty-four hours with him. His
incarceration is not a justification for his lack of relationship with Dalton. In re
M.M.S., 502 N.W.2d 4, 8 (Iowa 1993).
Dalton has developmental needs that require special attention. He has
delays in speech and in his cognitive abilities. His grandmother, the pre-adoptive
parent, performs exercises with him to combat these developmental barriers.
Even though Robert has successfully completed all recommended services, his
past history does not suggest he will be able to provide a safe and stable
environment for a child, let alone a child with Dalton’s unique special needs.
A child should not be forced to endlessly suffer in parentless limbo.
J.L.W., 570 N.W.2d at 781. While the law requires a “full measure of patience
with troubled parents who attempt to remedy a lack of parenting skills,” In re
5
A.C., 415 N.W.2d 609, 613 (Iowa 1987), this patience has been built into the
statutory scheme of chapter 232. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000).
A child should not be forced to endlessly await the maturity of a natural parent.
Id. At some point, the rights and needs of the child rise above the rights and
needs of the parent. J.L.W., 570 N.W.2d at 781.
Dalton has been in a stable and loving home with his paternal
grandmother since November 2006.
A guardianship arrangement would not
provide him with a permanent home and would leave his future too uncertain.
See Iowa Code § 232.104 (providing the parent may seek to modify a
permanency order). Termination and adoption are the preferred solution when a
parent is unable to regain custody within the time frames of chapter 232. In re
C.K., 558 N.W.2d 170, 174 (Iowa 1997) (“An appropriate determination to
terminate a parent-child relationship is not to be countermanded by the ability
and willingness of a family relative to take the child.”); In re L.M.F., 490 N.W.2d
66, 68 (Iowa Ct. App. 1992).
Dalton needs permanency now.
We conclude termination of parental
rights is in his best interests. See J.E., 723 N.W.2d at 801 (Cady, J., concurring)
(“A child’s safety and the need for a permanent home are now the primary
concerns when determining a child’s best interests.”).
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
