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In re K.K.

Court of Appeals of Iowa

August 1, 2018

IN THE INTEREST OF K.K., K.K., and R.K., Minor Children, N.K., Father, Appellant, K.M., Mother, Appellant.

          Appeal from the Iowa District Court for Crawford County, Mary L. McCollum Timko, Associate Juvenile Judge.

         Mother and father appeal from the order terminating their parental rights pursuant to Iowa Code chapter 232 (2018).

          George C. Blazek of Franck, Sextro & Blazek, P.L.C., Denison, for appellant father.

          Kara L. Minnihan of Minnihan Law Firm, Onawa, for appellant mother.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Martha A. Sibbel of Law Office of Martha Sibbel, P.L.C., Carroll, guardian ad litem for minor child.

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

          MCDONALD, JUDGE.

         Parents Nicholas and Kimberly appeal from a juvenile court order terminating their parental rights pursuant to Iowa Code section 232.116 (2018). The parents have one child in common. Nicholas is the father of R.K. (born 2009), K.K. (born 2013), and K.K. (born 2015). His rights to the children were terminated pursuant to Iowa Code section 232.116(1)(e) and (l), as to all three children, and (h), as to the youngest child. Kimberly is the mother of R.K. Her parental rights in R.K. were terminated pursuant to Iowa Code section 232.116(1)(g) and (l). The juvenile court also terminated the parental rights of the mother of K.K. and K.K., but she does not appeal.

         I.

         This court reviews termination proceedings de novo. See In re A.M., 843 N.W.2d 100, 110 (Iowa 2014). The statutory framework authorizing the termination of a parent-child relationship is well established and need not be repeated herein. See In re A.S., 906 N.W.2d 467, 472-73 (Iowa 2018) (setting forth the statutory framework). Where, as here, "the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record." In re A.B., 815 N.W.2d 764, 774 (Iowa 2012).

         II.

         By way of background, this family has been involved with the Iowa Department of Human Services (IDHS) for over six years. Kimberly had her rights to three other children terminated in March 2015 due to her use of methamphetamine and criminal activity. In the same proceeding, a permanency order placed custody of R.K. with Nicholas.

         This most recent case stems from several incidents occurring in March 2017. On March 1, 2017, Kimberly tested positive for methamphetamine. Prior to this time, Nicholas permitted unsupervised contact between Kimberly and R.K. In mid-March, a search of Nicholas and his girlfriend's home revealed drug paraphernalia and stolen property. Nicholas was arrested. IDHS then began an investigation into allegations Nicholas and his girlfriend were using methamphetamine and marijuana around the children. After Nicholas and his girlfriend both ...


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