IN THE INTEREST OF T.P., Minor Child, G.F., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 8-956 / 08-1602
Filed December 17, 2008
IN THE INTEREST OF T.P.,
Minor Child,
G.F., Father,
Appellant.
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Appeal from the Iowa District Court for Scott County, John G. Mullen,
District Associate Judge.
A father appeals the termination of his parental rights to his child.
AFFIRMED.
James G. Sothmann, Davenport, for appellant father.
Timothy Tupper, Davenport, for appellee mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, Michael J. Walton, County Attorney, and Gerda C. Lane,
Assistant County Attorney, for appellee State.
Cynthia Taylor of Zamora, Taylor, Woods & Frederick, Davenport, for
minor child.
Considered by Huitink, P.J., and Vaitheswaran and Potterfield, JJ.
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VAITHESWARAN, J.
Greg appeals the termination of his parental rights to Tyrae, born in 2004.
He contends (1) the record lacks clear and convincing evidence to support the
grounds for termination cited by the juvenile court and (2) termination is not in the
child’s best interests. Our review of these issues is de novo. Iowa R. App. P.
6.4.
Tyrae was adjudicated a child in need of assistance based on the acts of
his mother. Greg did not appear at the adjudicatory proceeding. Shortly after the
adjudicatory order was filed, the Department of Human Services reported that
Greg only had a three-month relationship with Tyrae’s mother and was the
subject of a restraining order requested by her.
Greg asserts he saw mother and child regularly prior to March of 2005,
when he left the state. While this may be true, there is no indication he had any
contact with Tyrae after this child in need of assistance action was filed in April
2007. As recently as April 2008, the department reported that “[Greg] has not
participated in DHS services since the Department’s involvement, and his
whereabouts are unknown.”
Greg did not appear at the termination hearing or testify by telephone. At
the beginning of the hearing, his attorney advised the court that Greg was
scheduled to be tried on criminal charges in Illinois within a month and it was
“quite possible” that the charges would be dismissed. The attorney said Greg
would likely be free after that point to “establish a relationship with his son.”
We agree with the juvenile court that Tyrae could not be returned to the
custody of his father, Greg. See Iowa Code § 232.116(f); see also In re S.R.,
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600 N.W.2d 63, 64 (Iowa Ct. App. 1999) (allowing court to affirm if there is clear
and convincing evidence to support any of the grounds cited by the trial court).
We also agree with the court that reunification would be contrary to Tyrae’s best
interests.
We affirm the termination of Greg’s parental rights to Tyrae.
AFFIRMED.
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