IN THE INTEREST OF A.H. and A.H., Minor Children, A.H.-W., Father, Appellant.
from the Iowa District Court for Scott County, Nancy S.
father appeals from the order terminating his parental
AFFIRMED. Matthew D. Hatch of Hatch Law Firm, P.C.,
Bettendorf, for appellant father.
J. Miller, Attorney General, and Gretchen W. Kraemer,
Assistant Attorney General, for appellee State.
W. Stickle of Stickle Law Firm, P.L.C., Davenport, for minor
Considered by Danilson, C.J., Potterfield, J., and Mahan,
Tabor, J., takes no part.
father appeals from the order terminating his parental rights
to his two children. We affirm because a ground for
termination exists, termination is in the best interests of
the children, and no exception precludes termination.
review termination proceedings de novo. See In re
M.W., 876 N.W.2d 212, 219 (Iowa 2016). Although we are
not bound by the fact-findings of the juvenile court, we do
give them weight, particularly when evaluating witness
credibility. See id.
respect to the older child, born in April 2010, the court
terminated the father's rights pursuant to Iowa Code
section 232.116(1)(d) and (f) (2016), and with respect to the
younger child, born in June 2015, pursuant to section
232.116(1)(d) and (h). The father asserts there is not clear
and convincing evidence to support termination under
subparagraphs "f" and "h, " arguing there
is no finding the children have been "removed" from
his custody as that term was interpreted in In re
C.F.-H., 889 N.W.2d 201, 203-08 (Iowa 2016). We need not
address this argument because there is clear and convincing
evidence supporting termination under section 232.116(1)(d).
See In re D.W., 791 N.W.2d 703, 707 (Iowa 2010)
("[W]e may affirm the juvenile court's termination
order on any ground that we find supported by clear and
232.116(1)(d) allows the juvenile court to terminate parental
rights if both of the following have occurred:
(1) The court has previously adjudicated the child to be a
child in need of assistance [CINA] after finding the child to
have been physically or sexually abused or neglected as the
result of the acts or omissions of one or both parents, or
the court has previously adjudicated a child who is a member
of the same family to be a child in need of assistance after
such a finding.
(2) Subsequent to the [CINA] adjudication, the parents were
offered or received services to correct the circumstances
which led to the adjudication, and the circumstance continues
to exist despite the offer or receipt of services.
the children came to the attention of the department of human
services (DHS) in June 2015, and a child abuse investigation
was founded as to denial of critical care due to the
father's use and sale of marijuana when the older child
was present. When the youngest child was born in June 2015,
the father was ousted from the hospital for threatening the
maternal grandmother. During the child abuse investigation,
it was learned the "father had perpetrated severe
domestic abuse against the mother, and physically assaulted
[the older child] during physically disciplining the
child." The father reported ...