Opinion
No. 6-176 / 06-0055
Filed March 15, 2006
Appeal from the Iowa District Court for Clinton County, Arlen J. VanZee, District Associate Judge.
A father appeals the termination of his parental rights to his child. AFFIRMED.
Jeffrey L. Farwell of Farwell Bruhn, Clinton, for appellant-father of M.M.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Michael L. Wolf, County Attorney, and Ross J. Barlow, Assistant County Attorney, for appellee-State.
Mary L. Wolfe of Wolfe Law Offices, Clinton, for appellee-mother.
James A. Bear, Preston, for appellee-father of J.W. and A.W.
David M. Pillers, DeWitt, guardian ad litem for minor children.
Considered by Huitink, P.J., and Vaitheswaran and Eisenhauer, JJ.
The father of M.M. appeals the termination of his parental rights to his child. He contends the State failed to prove the grounds for termination by clear and convincing evidence and that reasonable efforts were not made to reunify him with the child. We review his claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The father's parental rights were terminated pursuant to Iowa Code section 232.116(1)(b) (2005). Termination is appropriate under this section where the court finds there is clear and convincing evidence that the child has been abandoned or deserted. The evidence clearly supports termination under section 232.116(1)(b). The father divorced M.M.'s mother in 1998 when M.M. was approximately one year old. From that time until M.M. was removed from her mother's care in January 2005, the father and child never saw each other. In fact, M.M. only recalls meeting her father one time. The father was incarcerated throughout the pendency of this case. Over the period of a couple of months, he sent letters to the Department of Human Services (DHS) inquiring about his child. However, these letters stopped in June 2005, six months prior to termination.
Abandonment is characterized as a giving up of parental rights and responsibilities accompanied by an intent to forego them. In re D.M., 516 N.W.2d 888, 891 (Iowa 1994). Parental responsibilities include more than subjectively maintaining an interest in a child. In re S.K.C., 435 N.W.2d 403, 404 (Iowa Ct. App. 1988). Affirmative parenting is required to the extent it is practical and feasible. Id. The affirmative duty requires a continuing interest in the child and a genuine effort to maintain communication and association with the child. Id. The father has not made a genuine effort to maintain communication or association with the child, nor has he shown a continuing interest in her. He has abandoned his daughter, and termination is appropriate.
The father also contends the DHS failed to make reasonable efforts to reunite him with M.M. We find the father has failed to preserve error on this issue. Reasonable efforts to reunite parent and child are required prior to the termination of parental rights. In re M.B., 553 N.W.2d 343, 345 (Iowa Ct.App. 1996). A challenge to the sufficiency of services should be raised at the removal or review hearing or when the services are offered. In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct.App. 1994). Because the father did not raise the lack of reasonable efforts at the proper time, we decline to address the issue.