IN THE INTEREST OF K.N., L.N., and V.N., Minor Children, F.N.R., Father, Appellant.
from the Iowa District Court for Polk County, Lynn Poschner,
District Associate Judge.
father appeals the termination of his parental rights.
E. Verdoorn of Carr Law Firm, PLC, Des Moines, for appellant
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Garbis Nolan of Youth Law Center, Des Moines, guardian ad
litem for minor children.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
father appeals the termination of his parental rights to his
three children. He argues the statutory grounds for
termination were not met and termination was not in the
children's best interests. We agree with the juvenile
court and affirm.
K.N., and V.N. were born in February 2014, October 2012, and
February 2011 respectively. They came to the attention of the
Iowa Department of Human Services (DHS) in October 2016 upon
reports of improper supervision. After DHS made a subsequent
visit to the home on March 3, 2017, the children were removed
when they were again found improperly supervised. Since May
15, the three children plus their half-sibling have lived in
the same foster home. The children have done well in foster
care, and the foster parents are willing to adopt the
father has been in prison in Iowa since February 2016-before
DHS involvement-for being a felon in possession of a firearm.
His criminal history includes convictions for assault and
narcotics possession. He has a history of marijuana and
methamphetamine use as well as domestic violence against the
mother, including an arrest in February 2012 for domestic
abuse assault. He has participated in some services
through the prison, including completing a program on anger
management and batterer's education. At the time of the
termination hearing, he was incarcerated at the Iowa State
Penitentiary and his tentative discharge date was April 23,
April 12, 2017, the children were adjudicated children in
need of assistance (CINA). On May 18, 2018, the termination
hearing was held. On June 15, the juvenile court terminated
the father's parental rights under Iowa Code section
232.116(1)(e) and (f) (2018).
review termination proceedings de novo, giving weight to but
not being bound by the district court's factual findings.
In re M.W., 876 N.W.2d 212, 219 (Iowa 2016).
"There must be clear and convincing evidence of the
grounds for termination of parental rights."
Id. Our primary consideration is the best interests
of the children. In re A.B., 815 N.W.2d 764, 776
the father argues the statutory grounds for termination were
not met. "On appeal, we may affirm the juvenile
court's termination order on any ground that we find
supported by clear and convincing evidence." In re
D.W., 791 N.W.2d 703, 707 (Iowa 2010). Under Iowa Code