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 O.H.

Court of Appeals of Iowa

June 20, 2018

IN THE INTEREST OF O.H. and P.H., Minor Children, T.H., Father, Appellant.

          Appeal from the Iowa District Court for Polk County, Susan C. Cox, District Associate Judge.

         A father appeals the termination of his parental rights.

          Thomas A. Hurd of Glazebrook & Hurd LLP, Des Moines, for appellant father.

          Thomas J. Miller, Attorney General, and Anagha Dixit, Assistant Attorney General, for appellee State.

          Karl Wolle of Juvenile Public Defender Office, Des Moines, guardian ad litem for minor children.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, JUDGE.

         A father appeals the termination of his parental rights to his children O.H., born in March 2007, and P.H., born in June 2015.[1] The father's rights as to P.H. were terminated pursuant to Iowa Code section 232.116(1)(d), (h), (i), and (j) (2017). The father's rights as to O.H. were terminated pursuant to Iowa Code section 232.116(1)(d), (f), (i), and (j). On appeal, the father argues there is not clear and convincing evidence to terminate parental rights on any of the grounds for termination, termination is not in the children's best interests, he should have received a six-month extension of time, and the children should have been placed with a relative under a guardianship.

         I. Background Facts and Proceedings.

         O.H. and P.H. have different mothers. O.H. and P.H. lived with the father and P.H.'s mother. P.H.'s mother has another child, T.W., who is in the physical custody of his father, but who visited his mother at the residence with the father, O.H., and P.H. In September 2016, P.H.'s mother and the father sexually abused T.W. while O.H. was in the home and P.H. was in the same room. The children were removed in October. Both O.H. and P.H. were taken to the emergency room for an extensive lack of personal hygiene. The children were placed with their paternal grandparents and adjudicated as children in need of assistance (CINA).

         The father and P.H.'s mother were both arrested and charged with sexual abuse in the second degree and neglect of a dependent person. The court entered a no-contact order prohibiting the father from contacting "any person under the age of eighteen." The father was ordered to participate in all available jail programming along with any services offered by the Iowa Department of Human Services (DHS).

         In November, O.H. was placed in the custody of her maternal grandparents and P.H. was placed in the custody of her maternal aunt and uncle. Both children remain in these placements, and both placements report they are able to provide permanent homes to the children.

         In December, the court entered a dispositional order denying the father's request for visitation. The father appealed the order to our court, and we affirmed the denial of visitation, finding the father has "yet to address the issues that led to the CINA action." In re O.H., No. 16-2209, 2017 WL 2184632, at *2 (Iowa Ct. App. May 17, 2017).

         In May 2017, the father entered an Alford plea to lascivious acts with a child, enticing a minor under thirteen, two counts of neglect of a dependent person, and lascivious acts with a child by way of solicitation for his actions with T.W. The father was sentenced to consecutive terms of incarceration not to exceed a total of twenty-five years for lascivious acts with a child, enticing a minor under thirteen, and lascivious acts with a child by way of ...


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.