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 H.W.F.

Court of Appeals of Iowa

March 22, 2017

IN THE INTEREST OF H.W.F., a/k/a M.F., Minor Child, C.F., Father, Appellant.

         Appeal from the Iowa District Court for Polk County, Louise M. Jacobs, District Associate Judge.

         A father appeals from the juvenile court's order terminating his parental rights. AFFIRMED.

          Alexander D. Smith of Parrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann, L.L.P., Des Moines, for appellant father.

          Thomas J. Miller, Attorney General, and Janet L. Hoffman, Assistant Attorney General, for appellee State.

          Congarry D. Williams of the State Public Defender's Office, Des Moines, attorney and guardian ad litem for minor child.

          Considered by Mullins, P.J., and Bower and McDonald, JJ.

          MULLINS, Presiding Judge.

         A father appeals from the juvenile court's order terminating his parental rights to his child, M.F.[1] He argues (1) the State failed to prove the statutory grounds for termination by clear and convincing evidence, (2) termination is not in the child's best interests, and (3) exceptions to termination exist because the child is placed with a relative and shares a bond with the father. Upon our de novo review, we affirm.

         I. Background Facts and Proceedings

         M.F. was born in July 2015. The Iowa Department of Human Services (DHS) became involved with the family prior to M.F.'s birth due to a previous founded child protective services assessment against the father after his older child tested positive for an illegal drug in 2014. DHS became involved with M.F. when he tested positive for marijuana at birth. M.F.'s mother admitted to using marijuana while pregnant. M.F. was removed from the father's custody in August 2015 due to the father's drug abuse. The juvenile court adjudicated the child CINA in October 2015.

         For the majority of the case, the father did not attempt to make any progress on the case plan or maintain sobriety. He participated in some substance-abuse treatment, but he tested positive for multiple drug screens during that time. In July and August 2016, the father refused to participate in drug screenings. In September 2016, there was another founded assessment against the father after his older child again tested positive for methamphetamine after being in his care in August. The father admitted to using methamphetamine during that time. From August until October, the father attended only one visit with M.F.

         At the termination hearing in November 2016, the father submitted unverified, clean urine screenings from the previous two months and also presented evidence he was in outpatient substance-abuse treatment. Prior to the hearing, DHS and the court had been unaware of the father's involvement in these services. The DHS worker testified that, outside of the father's substance-abuse issues, there were no major parenting concerns. Despite this testimony, the DHS worker recommended termination of the father's parental rights and permanency for the child.

         In December 2016, the juvenile court entered an order terminating the father's parental rights pursuant to Iowa Code section 232.116(1)(h) (2016).[2]The father 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.