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In re P.B.

Court of Appeals of Iowa

February 19, 2014

IN THE INTEREST OF P.B., Minor Child, J.M., Father, Appellant

Editorial Note:

This opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed.

Appeal from the Iowa District Court for Polk County, Thomas Mott, District Associate Judge. A father appeals from the juvenile court order terminating his parental rights.

Jacob L. Mason of JL Mason Law, P.L.L.C., Des Moines, for appellant father.

Christine Bisignano, Windsor Heights, for mother.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Christina Gonzalez, Assistant County Attorney, for appellee State.

Erin Mayfield of the Youth Law Center, Des Moines, for minor child.

Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.[*]

OPINION

MAHAN, S.J.

A father appeals the juvenile court order terminating his parental rights. On our de novo review of the evidence, we determine the juvenile court properly terminated the father's parental rights under Iowa Code section 232.116(1)(f) (2013). We conclude termination of the father's parental rights is in the child's best interests. We affirm the decision of the juvenile court terminating the father's parental rights to the minor child.

I. Background Facts & Proceedings

David and Latisha are the parents of P.B., who was born in 2005. The parents became acquainted in Kentucky when David was Latisha's drug dealer. David has a history of criminal behavior. After David served time in federal prison for his activities as a drug dealer, he moved to Iowa. Latisha came to the attention of family services in Kentucky, and in 2009 the child came to live in Iowa with David. P.B. has serious mental health and behavioral issues.

On April 13, 2011, the Iowa Department of Human Services (DHS) received a report that David had caused marks on P.B.'s face, back, chest, and arm by hitting him with a belt. David was charged with child endangerment.[1] The child was removed from his care and placed with the paternal grandmother. P.B. was adjudicated to be a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b), (c)(2), and (n) (2011).

David had a drug test that was positive for marijuana in April 2011. On May 2, 2012, he had a drug test that was positive for cocaine. He was inconsistent in providing requested drug tests. David completed a parenting class and an anger management ...


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