Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re I.P.

Court of Appeals of Iowa

March 8, 2017

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

         Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.

         A father appeals from the order terminating his parental rights. AFFIRMED.

          Jeffrey L. Powell of The Law Office of Jeffrey L. Powell, P.L.C., Washington, for appellant father.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Brent R. Ruther of Aspelmeier, Fisch, Power, Engberg & Helling, P.L.C., Burlington, for minor child.

          Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.

          DANILSON, Chief Judge.

         A father appeals from the termination of his parental rights to his child, I.P., under Iowa Code section 232.116(1)(g) and (h) (2016).[1] The father asserts the district court erred in terminating his parental rights, and requests six additional months to work toward reunification. The father also asserts termination is not in I.P.'s best interests due to the parent-child bond. Because the father has failed to comply with services and address his substance-abuse and mental-health issues, we affirm the termination of his parental rights to I.P.

         I. Background Facts & Proceedings.

         I.P., born September 2015, was removed from the care of her mother and father on March 25, 2016, due to concerns that the mother was using illegal substances while caring for the child. Other concerns expressed by the department of human services (DHS) were the history of domestic violence between the mother and father, the parents' violation of a no-contact order, substance abuse by the mother and the father, unsuitable housing, and instability. The mother and father's parental rights to an older child were terminated in 2013 due to the same concerns.

         After I.P. was removed, the father exhibited slim participation with DHS services. The father attended only two supervised visits with I.P.; did not obtain a substance-abuse or mental-health evaluation; did not seek substance abuse treatment or abstain from the use of illegal substances-reporting that he used methamphetamine during the pendency of the child-in-need-of-assistance (CINA) proceedings; failed to obtain safe and appropriate housing; and failed to maintain steady employment. On August 17, 2016, the district court entered a dispositional order granting the State's motion to waive reasonable efforts. The court explained:

[The father] has a long-standing battle with methamphetamine addiction, has attempted and failed treatment multiple times, and now claims that he has quit methamphetamine "cold turkey." He has not even begun substance abuse services and the court does not believe that he has any intention to. He has mental health issues that were brought forth in the prior case, but of which have not even been touched on in [I.P.]'s case because he has refused mental health services. He remains homeless and reliant upon the good grace of others to stay in their home. He has not had any meaningful visitation with [I.P.] since her removal, nor has he taken advantage of the community resources and other assistance offered by the FSRP provider. It is the court's conclusion that [the father] could not address these issues within any reasonable amount of time, so as to allow him to raise his now infant daughter, because he has no desire to change his life or participate in services.

         The petition for termination was filed on September 9, 2016, and the termination hearing was held November 8, 2016. The court entered an order terminating both parents' parental rights to I.P. pursuant to Iowa Code section 232.116(1)(g) and (h). The father now appeals.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.