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In re A.I.

Court of Appeals of Iowa

March 21, 2018

IN THE INTEREST OF A.I., F.I., and F.I., Minor Children, A.I., Father, Appellant.

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

         The father appeals the termination of his parental rights.

          Nicholas A. Bailey of Bailey Law Firm, P.L.L.C., Altoona, for appellant father.

          Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant Attorney General, for appellee State.

          Brent M. Pattison and Brooke Thompson (student attorney) of Drake Legal Clinic, Des Moines, guardians ad litem for minor children.

          Paul L. White of Juvenile Public Defender Office, Des Moines, attorney for A.I.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          POTTERFIELD, Judge.

         The father appeals the termination of his parental rights to his three children, A.I, born in 2003; F.I., born in 2006; and F.I., born in 2012.[1] The juvenile court terminated the father's parental rights to all three children pursuant to Iowa Code section 232.116(1)(f) (2017). We review termination-of-parental-rights proceedings de novo. In re A.S., 906 N.W.2d 467, 472 (Iowa 2018).

         The juvenile court may terminate a parent's rights pursuant to subsection (f) when the court finds that all the following have occurred:

(1) The child is four years of age or older.
(2) The child has been adjudicated a child in need of assistance [(CINA)] pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child's parents for at least twelve of the last eighteen months, or for the last twelve consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that at the present time the child cannot be returned to the custody of the child's ...

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