IN THE INTEREST OF A.G., Minor Child, D.S., Father, Appellant.
from the Iowa District Court for Polk County, Rachael E.
Seymour, District Associate Judge.
father appeals from an order terminating his parental rights
in his child pursuant to Iowa Code chapter 232 (2018).
M. Greenberg of Glazebrook & Hurd, LLP, Des Moines, for
J. Miller, Attorney General, and Kathryn K. Lang, Assistant
Attorney General, for appellee State.
L. White, Des Moines, guardian ad litem for minor child.
Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.
appeals the juvenile court's order terminating his
parental rights in his daughter, A.G., pursuant to Iowa Code
section 232.116(1)(e), (g), (h) and (k) (2018). The mother of
the child at issue does not appeal. Dylan contends the State
failed to prove by clear and convincing evidence the
statutory grounds authorizing termination of his parental
rights. He also argues termination of his parental rights is
not in the best interest of the child.
review termination-of-parental-rights proceedings de novo.
See In re A.M., 843 N.W.2d 100, 110 (Iowa 2014). We
give due regard to the factual findings of the juvenile
court, but, ultimately, we adjudicate the rights of the
parties anew. See In re K.N., 625 N.W.2d 731, 733
(Iowa 2001); In re D.S., 806 N.W.2d 458, 465 (Iowa
Ct. App. 2011).
legal framework governing chapter 232 proceedings is well
established. The State must prove by clear and convincing
evidence one or more statutory grounds authorizing the
termination of a parent's rights and must prove
termination of the parent's rights is in the best
interest of the child. See Iowa Code §
232.116(1), (2); In re P.L., 778 N.W.2d 33, 39 (Iowa
2010). Even when the State proves its case, however, the
juvenile court has the discretion to preserve the
parent-child relationship when the parent proves by clear and
convincing evidence a statutory factor allowing preservation
of the parent-child relationship. See Iowa Code
§ 232.116(3) (setting forth permissive factors to avoid
the termination of parental rights); In re A.S., 906
N.W.2d 467, 476 (Iowa 2018) (stating it is the parent's
burden to prove an exception to termination). Evidence is
clear and convincing when "there are no serious or
substantial doubts as to the correctness of conclusions of
law drawn from the evidence." In re C.B., 611
N.W.2d 489, 492 (Iowa 2000).
case, the juvenile court ordered Dylan's parental rights
be terminated pursuant to section 232.116(1)(e), (g), (h) and
(k). Where, as here, the juvenile court terminated a
parent's rights on more than one statutory ground, we may
affirm the order if we find clear and convincing evidence to
support any one of the statutory grounds. See In re
D.W., 791 N.W.2d 703, 707 (Iowa 2010).
focus our attention on section 232.116(1)(g). This provision
authorizes the juvenile court to terminate a parent's
rights upon clear and convincing evidence of the following:
(1) The child has been adjudicated a child in need of
assistance pursuant to section 232.96.
(2) The court has terminated parental rights pursuant to
section 232.117 with respect to another child who is a member
of the same family or a court of competent jurisdiction in
another state has entered an order involuntarily terminating
parental rights ...