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 K.N.

Court of Appeals of Iowa

September 12, 2018

IN THE INTEREST OF K.N., L.N., and V.N., Minor Children, F.N.R., Father, Appellant.

          Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.

         A father appeals the termination of his parental rights.

          Gina E. Verdoorn of Carr Law Firm, PLC, Des Moines, for appellant father.

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

          Nicole Garbis Nolan of Youth Law Center, Des Moines, guardian ad litem for minor children.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          VOGEL, Judge.

         A 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.

         L.N., K.N., and V.N. were born in February 2014, October 2012, and February 2011 respectively.[1] 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 children.

         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.[2] 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, 2020.

         On 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).[3]

         We 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 (Iowa 2012).

         First, 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 section ...


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.