IN RE K.B., D.B. and D.B., Minor Children, F.B., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-807 / 07-1387
Filed November 15, 2007
IN RE K.B., D.B. and D.B.,
Minor Children,
F.B., Father,
Appellant.
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Appeal from the Iowa District Court for Polk County, Constance Cohen,
Associate Juvenile Judge.
A father appeals the termination of his parental rights, contending only that
termination was not in the children’s best interests. AFFIRMED.
Marla McCoid, Bondurant, for appellant father.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, John P. Sarcone, County Attorney, and Andrea Vitzthum,
Assistant County Attorney, for appellee State.
Andrea Flanagan of Sporer & Ilic, P.C., Des Moines, for appellee mother.
Charles Fuson, Youth Law Center, Des Moines, for minor children.
Considered by Sackett, C.J., and Vaitheswaran and Baker, JJ.
2
VAITHESWARAN, J.
Frederick appeals the termination of his parental rights to Deshawn, born
in 2003, Karma, born in 2005, and Danadia, born in 2006.
He does not
challenge the grounds for termination, contending only that termination was not
in the children’s best interests.
We recognize that the ultimate concern in termination of parental rights
proceedings is the best interests of the child. In re C.B., 611 N.W.2d 489, 492
(Iowa 2000). On our de novo review of the record, we can find scant evidence
that the children’s best interests would warrant deferral of termination.
Frederick was convicted of burglary, domestic abuse, and theft in the first
degree. He violated the terms of his probation on the theft conviction and a
warrant was issued for his arrest. Frederick admitted that, during most of the
underlying proceedings he was “on the run.” When police caught up with him,
the arrest warrant had been outstanding for ten months. Following his arrest,
Frederick was incarcerated on the original ten-year theft sentence. He testified
that his discharge date was not until 2010 and he did not expect to see the parole
board until 2009. Although he claimed to have communicated by telephone and
letters with his two older children, he admitted that he had never lived in the
same house with any of the children, and had no contact with his youngest child.
Based on this evidence, we conclude termination of Frederick’s parental rights to
his three children was in the children’s best interests.
AFFIRMED.
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