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In re L.M.

Court of Appeals of Iowa.
Dec 12, 2012
826 N.W.2d 516 (Iowa Ct. App. 2012)

Opinion

No. 12–1801.

2012-12-12

In the interest of L.M., D.M., and A.M., Minor Children, B.K., Father of L.M. and D.M., Appellant.

Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge. A father appeals the termination of his parental rights to his children. AFFIRMED. John S. Moeller of John S. Moeller, P.C., Sioux City, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller–Todd, Assistant Attorney General, Patrick Jennings, County Attorney, and Dewey P. Sloan, Assistant County Attorney, for appellee.


Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
A father appeals the termination of his parental rights to his children. AFFIRMED.
John S. Moeller of John S. Moeller, P.C., Sioux City, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller–Todd, Assistant Attorney General, Patrick Jennings, County Attorney, and Dewey P. Sloan, Assistant County Attorney, for appellee.
Francis Cleary, Sioux City, for mother.

James N. Daane of Buckmeier & Daane, Sioux City, attorney and guardian ad litem for minor children.

Considered by DOYLE, P.J., and MULLINS and BOWER, JJ.

BOWER, J.

A father appeals the termination of his parental rights to his children. He contends the State failed to prove the grounds for termination by clear and convincing evidence. The father, who has been incarcerated for the majority of his children's lives, is currently serving a prison sentence in South Dakota.

We review termination of parental rights proceedings de novo. In re D.S., 806 N.W.2d 458, 465 (Iowa 2011). We will uphold an order terminating parental rights if there is clear and convincing evidence to support the grounds for termination. Id. We give weight to the juvenile court's findings of fact, even though we are not bound by them. Id.

The State terminated the father's parental rights pursuant to Iowa Code sections 232.116(1)(d), (e), and (f) (2011). The father appeals the termination pursuant to sections 232.116(1)(d) and (f), but fails to make an argument regarding termination under section 232.116(1)(e).

When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm. In re S.R., 600 N.W.2d 63, 64 (Iowa 1999). The father's failure to raise an issue regarding section 232.116(1)(e) means he has waived that issue on appeal. SeeIowa R.App. P. 6.903(2)(g)(3) ( “Failure to cite authority in support of an issue may be deemed waiver of that issue.”). Accordingly, we affirm termination of the father's parental rights pursuant to section 232.116(1)(e).

AFFIRMED.


Summaries of

In re L.M.

Court of Appeals of Iowa.
Dec 12, 2012
826 N.W.2d 516 (Iowa Ct. App. 2012)
Case details for

In re L.M.

Case Details

Full title:In the interest of L.M., D.M., and A.M., Minor Children, B.K., Father of…

Court:Court of Appeals of Iowa.

Date published: Dec 12, 2012

Citations

826 N.W.2d 516 (Iowa Ct. App. 2012)