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In re C.G.

Court of Appeals of Iowa

June 5, 2019

IN THE INTEREST OF C.G., Minor Child, B.M., Father, Appellant.

          Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.

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

          Timothy J. Tupper of Tupper Law Firm, Davenport, for appellant father.

          Thomas J. Miller, Attorney General, and Anna T. Stoeffler, Assistant Attorney General, for appellee State.

          Brenda Drew-Peeples of Drew-Peeples Law Firm, Davenport, 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, C.G., born in June 2016.[1] The juvenile court terminated the father's parental rights pursuant to Iowa Code section 232.116(1)(d) and (h) (2018). He maintains the State failed to prove the statutory grounds by clear and convincing evidence, termination is not in the child's best interests, and a permissive factor weighs against severing the parent-child relationship.

         We review termination proceedings de novo. In re H.S., 805 N.W.2d 737, 745 (Iowa 2011). When the juvenile court terminates on more than one statutory ground, we may affirm on any ground we find supported by clear and convincing evidence. In re A.B., 815 N.W.2d 764, 774 (Iowa 2012). Here, we choose to consider paragraph (h), which allows the juvenile court to terminate parental rights when all of the following are true:

(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 section 232.102 at the present time.

         Iowa Code § 232.116(1)(h). The father challenges only the fourth element- whether C.G. could be returned to his care at the time of the termination hearing. See In re D.W., 791 N.W.2d 703, 707 (Iowa 2010) (interpreting "at the ...


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