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.H.

Court of Appeals of Iowa

December 19, 2018

IN THE INTEREST OF K.H. and E.H., Minor Children, K.H., Father, Appellant.

          Appeal from the Iowa District Court for Linn County, Susan Flaherty, Associate Juvenile Judge.

         A father challenges the termination of his parental rights to two children. AFFIRMED.

          David R. Fiester, Cedar Rapids, for appellant father.

          Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant Attorney General, for appellee State.

          Kim A. Opatz of Linn County Advocate, Inc., Cedar Rapids, guardian ad litem for minor children.

          Considered by Tabor, P.J., and Mullins and Bower, JJ.

          TABOR, PRESIDING JUDGE.

         This appeal involves K.H., age fourteen, and his sister, E.H., age six. Their father, Kyle, challenges the juvenile court order terminating his parental rights.[1]He contests the State's proof that the children could not be returned to his custody. See Iowa Code § 232.116(1)(f)(4) (2018). He also asserts termination was not in the children's best interests because of their strong attachment to him. See Iowa Code §§ 232.116(2), (3)(c).

         After our independent review of the record, we agree with the straightforward conclusions reached by the juvenile court.[2] Kyle has made little progress in addressing the homelessness, unemployment, and general instability that led to the children's removal from parental custody. Termination of Kyle's rights and likely adoption by their paternal grandparents is the superior option to protect and nurture these children now and into the future.

         I. Facts and Prior Proceedings

         Kyle and Dawn were married in 2002 and separated in 2016. The couple had two children, K.H. and E.H. In January 2017, the children moved in with Kyle's mother and her husband. Kyle recalled his family was being evicted from their apartment for failing to pay rent and "had no place to go." The grandparents agreed to take care of the children while the parents tried to obtain housing.

         What was meant to be a temporary fix turned into an extended stay. About eighteen months later, in July 2018, Kyle was still homeless and the children remained with their grandparents.

         And in the meantime, the Iowa Department of Human Services (DHS) opened a child-welfare case. In April 2017, the DHS investigated a report Dawn was using methamphetamine while caring for the children. Kyle was in jail at the time. When the DHS investigator contacted K.H. at his middle school, he reported not having seen his parents for several weeks. K.H. grew emotional when telling the investigator Kyle had been physically violent toward Dawn and K.H. had tried to place himself between his parents. But K.H. felt safe in the care of his grandparents.

         In May 2017, the juvenile court approved the children's formal removal from parental custody. And in June, both parents stipulated to the court adjudicating K.H. and E.H. as children in need ...


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.