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In re J.R.

COURT OF APPEALS OF IOWA
Apr 27, 2016
884 N.W.2d 224 (Iowa Ct. App. 2016)

Opinion

No. 16–0303.

04-27-2016

In the Interest of J.R., Minor Child, C.B., Father, Appellant.

Theodore J. Hovda, Garner, for appellant father. Thomas J. Miller, Attorney General, and Kathrine S. Miller–Todd, Assistant Attorney General, for appellee State. Jane M. Wright of Jane M. Wright, Attorney at Law, Forest City, attorney and guardian ad litem for minor child.


Theodore J. Hovda, Garner, for appellant father.

Thomas J. Miller, Attorney General, and Kathrine S. Miller–Todd, Assistant Attorney General, for appellee State.

Jane M. Wright of Jane M. Wright, Attorney at Law, Forest City, attorney and guardian ad litem for minor child.

Considered by POTTERFIELD, P.J., and MULLINS and McDONALD, JJ.

Opinion

PER CURIAM.

A father appeals from the juvenile court's order terminating his parental rights to his five-year-old child, J.R. We review termination-of-parental-rights proceedings de novo. In re A.M., 843 N.W.2d 100, 110 (Iowa 2014).

The court also terminated the mother's parental rights to J.R. pursuant to Iowa Code section 232.116(1)(a) (2015). She does not appeal.

At the termination hearing for the child's mother, the father appeared and consented to the termination of his parental rights, pursuant to Iowa Code section 232.116(1)(a). He testified he was consenting voluntarily and believed termination was in the child's best interests. On appeal, the father does not deny his consent was voluntary and intelligent, nor does he deny there was good cause for him to desire the termination. Instead, he claims he consented to the termination because the Iowa Department of Human Services did not cooperate with him or make reasonable efforts to allow him to improve his bond with the child. He also claims an exception to termination applies because “termination would be detrimental to the child ... due to the closeness of the parent-child relationship.” Iowa Code § 232.116(3)(c).

Iowa Code section 232.116(1)(a) provides a court may terminate parental rights when “[t]he parents voluntarily and intelligently consent to the termination of parental rights and the parent-child relationship and for good cause desire the termination.”

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The father did not raise these issues before the juvenile court, and therefore, they are not preserved for our review. See In re A .B., 815 N.W.2d 764, 773 (Iowa 2012) (“[T]he general rule that appellate arguments must first be raised in the trial court applies to [child-in-need-of-assistance] and termination of parental rights cases.”). Furthermore, we agree with the juvenile court that termination is in the child's best interests. See In re T.N.M., 542 N.W.2d 574, 576 (Iowa Ct.App.1995) (finding, when a parent voluntarily and intelligently consents to the termination of her parental rights at the time of the termination hearing, the consent is “binding if it is in the best interest[s] of the child”).

Because the father's consent to termination was voluntarily and intelligently given and there was good cause for him to desire the termination, we affirm without further opinion. See Iowa R.App. P. 6.1203(a), (d).

AFFIRMED.


Summaries of

In re J.R.

COURT OF APPEALS OF IOWA
Apr 27, 2016
884 N.W.2d 224 (Iowa Ct. App. 2016)
Case details for

In re J.R.

Case Details

Full title:IN THE INTEREST OF J.R., Minor Child, C.B., Father, Appellant.

Court:COURT OF APPEALS OF IOWA

Date published: Apr 27, 2016

Citations

884 N.W.2d 224 (Iowa Ct. App. 2016)