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 E.B.

Court of Appeals of Iowa

June 6, 2018

IN THE INTEREST OF E.B., Minor Child, J.R., Father, Appellant.

          Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.

         A father appeals the termination of his parental rights to his child.

          Martha L. Cox, Bettendorf, for appellant father.

          Thomas J. Miller, Attorney General, and Charles K. Phillips, Assistant Attorney General, for appellee State.

          Marsha J. Arnold, Davenport, guardian ad litem for minor child.

          Considered by Danilson, C.J., and Mullins and McDonald, JJ. Tabor, J. takes no part.

          MULLINS, Judge.

         A father appeals the termination of his parental rights to his child.[1] He challenges the grounds for termination of his parental rights and contends the juvenile court erred in refusing to consider his motion to modify placement prior to termination.[2]

         The parents of the child in interest have a history of founded abuse reports, domestic violence, and anger-management and mental-health issues. The Iowa Department of Human services has been providing services to these parents since 2015 in relation to a number of their children. The child in interest was born in January 2017. At the time of the child's birth, the State had previously petitioned to terminate the mother's parental rights as to two of the child's siblings.[3] Two days after the child's birth, the mother executed a voluntary placement agreement placing the child in foster care with her siblings. In March, the juvenile court adjudicated the child to be a child in need of assistance and continued the foster-care placement.[4] Following a dispositional hearing in April, the court again continued the foster-care placement. The child has been in the same foster-to-adopt home all of her life and is bonded with her foster parents.

         Beginning in April, the father was allowed visitation with the child three times per week. In May, the father was arrested on a charge of domestic abuse assault with the use or display of a weapon. Between the commencement of visitation and the father's arrest, he only attended three visitations with the child. The father made no attempts to contact the child after the commencement of his incarceration. At the time of the termination hearing in February 2018, the father was still incarcerated. The father testified his discharge date was to be in November 2018, but he expected to be paroled in April. However, another witness testified the father is to remain incarcerated until October 2019. This is the father's fourth term of imprisonment since 2009.

         In June 2017, the State filed a petition to terminate the parental rights of both parents. On December 20, the father filed a motion to "modify disposition and/or modify placement." In his motion, the father stated his mother and her husband are licensed foster parents and requested that the child be placed with them. A hearing was scheduled to consider the termination petition, permanency, and the father's modification motion. At the commencement of the hearing in February 2018, the juvenile court noted its intention to begin with the termination issue, noting the outcome on that issue would impact whether a permanency hearing and consideration of the father's modification motion would be necessary.

         The court ultimately terminated the father's parental rights pursuant to Iowa Code section 232.116(1)(e), (g), and (h). The father filed a motion to reconsider, enlarge, or amend requesting the court to allow him an additional six months toward reunification and to grant his motion to modify placement. The juvenile court denied the motion, and the father appealed.[5]

         Appellate review of termination-of-parental-rights proceedings is de novo. In re A.S., 906 N.W.2d 467, 472 (Iowa 2018) (quoting In re A.M., 843 N.W.2d 100, 110 (Iowa 2014)). Our primary consideration is the best interests of the child. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006).

         First, the father challenges the grounds for termination of his parental rights under section 232.116(1)(e), (g), and (h). "On appeal, we may affirm the juvenile court's termination order on any ground that we find supported by clear and ...


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.