Opinion
No. 0-288 / 99-1616
Filed July 12, 2000
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
Father appeals from the termination of his parental rights. He contends the court erred in (1) determining that he had not maintained significant and meaningful contact with his child and had abandoned his child, and (2) determining he should not be given an opportunity to show he can be a good father to his child.
AFFIRMED.
Christopher Kragnes, Sr. and Tiffany Koenig, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Martha Johnson, Assistant County Attorney, for appellee-State.
Heard by Sackett, C.J., and Streit and Vaitheswaran, JJ.
Leon, the father of Aubriana, born in September of 1998, appeals a juvenile court order terminating his parental rights. We affirm.
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa App. 1997). 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 A.J., 553 N.W.2d 909, 911 (Iowa App. 1996).
Aubriana tested positive for cocaine metabolites at birth. Her mother's parental rights have been terminated and are not a subject of this appeal. At the time Aubriana was born Leon was imprisoned on a drug charge. His tentative date of discharge is January 23, 2003. Aubriana has never met her father or had any contact with him.
Leon has had no contact with Aubriana. He has failed to provide any financial or emotional support and has maintained no contact with the department of human services regarding her status. Leon was given the opportunity to appear by telephone at the termination hearing but failed to do so. Leon contends the State has failed to produce any clear and convincing evidence that showed he abandoned his daughter. Clear and convincing evidence supports the State's contention Leon has abandoned Aubriana and failed to maintain significant and meaningful contact with her.
Leon also claims the State failed to offer reasonable opportunities to allow him to resume his daughter's care. Reasonable efforts must be made to attempt to reunite a family before the State can terminate parental rights. See In re L.M.W., 518 N.W.2d 804, 807 (Iowa App. 1994).
The State had the obligation to make reasonable efforts, but it is the parent's responsibility to demand services if they are not offered prior to the termination hearing . In re C.D., 508 N.W.2d 97, 101 (Iowa App. 1993).
Leon did not request any services prior to the termination hearing. We affirm on this issue.
Lastly, Leon contends he should be given the opportunity to care for his daughter and his parental rights should not be terminated because he is incarcerated. He further contends his reunification with Aubriana would not be detrimental to her best interests. We disagree. We limit the time parents have to assume care of their children. In re A.Y.H., 508 N.W.2d 92, 96 (Iowa App. 1996). Children simply cannot wait for responsible parenting. In re L.L., 459 N.W.2d 489, 495 (Iowa 1990).
The State has met the necessary burden of proof. We affirm the decision of the juvenile court terminating Leon's parental rights.
AFFIRMED.