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In re E.W.

Court of Appeals of Iowa

June 5, 2019

IN THE INTEREST OF E.W., Minor Child, D.W., Father, Appellant.

          Appeal from the Iowa District Court for Page County, Amy L. Zacharias, Judge.

         The father appeals the termination of his parental rights to his child. AFFIRMED.

          C. Kenneth Whitacre, Glenwood, for appellant father.

          Thomas J. Miller, Attorney General, and Meredith Lamberti, Assistant Attorney General, for appellee State.

          Vicki R. Danley, Sidney, attorney and guardian ad litem for minor child.

          Considered by Potterfield, P.J., and Doyle and May, JJ.

          POTTERFIELD, PRESIDING JUDGE.

         The father appeals the termination of his parental rights to his child, E.W., born in 2017.[1] The juvenile court terminated the father's parental rights pursuant to Iowa Code section 232.116(1)(e) and (h) (2018). The father only challenges the sufficiency of the evidence supporting the grounds for termination.[2]

         We review termination proceedings de novo. In re L.T., 924 N.W.2d 521, 526 (Iowa 2019). "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).

         We choose to consider paragraph (h). It permits the juvenile court to terminate a parent's rights to their child if all of the following are established by clear and convincing evidence:

(1) The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child's parents for at least six months of the last twelve months, or for the last six consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that the child cannot be returned to the custody of the child's parents as provided in ...

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