IN THE INTEREST OF C.M., C.M., C.M., and C.M., Minor Children, C.W.M., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-251 / 09-0290
Filed April 22, 2009
IN THE INTEREST OF C.M., C.M., C.M., and C.M.,
Minor Children,
C.W.M., Father,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Dubuque County, Thomas J.
Straka, Associate Juvenile Judge.
A father appeals the district court’s order terminating his parental rights to
his four children. AFFIRMED.
Leslie Blair of Blair & Fitzsimmons, P.C., Dubuque, for appellant father.
Jamie Splinter of Splinter Law Office, Dubuque, for appellee mother.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Ralph Potter, County Attorney, and Jean Becker, Assistant
County Attorney, for appellee State.
Sarah Stork Meyer, Dubuque, for minor children.
Considered by Vogel, P.J., and Vaitheswaran and Eisenhauer, JJ.
2
VOGEL, P.J.
Caine appeals from the district court’s order terminating his parental rights
to his four children pursuant to Iowa Code section 232.116(1)(f) (2007) (child is
four years of age or older, has been adjudicated a child in need of assistance,
removed from the home for at least twelve of the last eighteen months, and
cannot be returned to the parent’s custody).1 He challenges the sufficiency of
the evidence. Upon our de novo review, we find Caine’s argument is without
merit and termination is in the children’s best interests. See In re J.E., 723
N.W.2d 793, 798 (Iowa 2006) (de novo review).
Caine and C.C. are the parents of four children born in 1999, 2001, 2002,
and 2005. In May 2006, Caine, who had a history of domestic violence, beat
C.C. with a lead pipe and threatened to kill her while in the presence of their
children.
C.C. also reported that Caine threatened to kill their children.
Subsequently, Caine was convicted of several crimes and sentenced to twentyfive years in prison.2 Caine testified that since his arrest in May 2006, he has not
had any contact with the children and has not contacted the Iowa Department of
Human Services about the children. See In re M.M.S., 502 N.W.2d 4, 8 (Iowa
1993) (stating that a parent “cannot use his incarceration as a justification for his
lack of relationship with the child”); In re J.L.W., 523 N.W.2d 622, 624 (Iowa Ct.
App. 1994) (discussing that a parent must take full responsibility for conduct that
1
The children’s mother’s parental rights were also terminated pursuant to Iowa Code
section 232.116(1)(a), but are not at issue in this appeal.
2
Caine testified he was convicted of willful injury, going armed with intent, and neglect or
abandonment.
3
resulted in his incarceration).
Although he has services available to him in
prison, he has not participated in any services.
The children have found a safe and permanent home with their maternal
grandmother, who is willing to adopt them. See J.E., 723 N.W.2d at 801 (Cady,
J., concurring specially) (stating children’s safety and their need for a permanent
home are the defining elements in determining a child’s best interests).
We
conclude that termination was proved by clear and convincing evidence and
termination is in the children’s best interests. We affirm pursuant to Iowa Court
Rule 21.29(1)(a), (c), (d), and (e).
AFFIRMED.
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