Opinion
No. 2-539 / 02-0811.
Filed July 3, 2002.
Appeal from the Iowa District Court for Polk County, GREGORY BRANDT, District Associate Judge.
D.D. appeals the district court's termination of his parental rights to his son. AFFIRMED.
Samuel Z. Marks of Marks Nelissen Law Office, Urbandale, for appellant.
Yvonne Naanep, Des Moines, for mother.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Jon Anderson, Assistant County Attorney, for appellee-State.
Kim Ayotte, Des Moines, guardian ad litem for minor child.
Considered by SACKETT, C.J., and HUITINK and ZIMMER, JJ.
Dennis D. appeals the termination of his parental rights to his son, D.D., pursuant to Iowa Code sections 232.116(1)(b) (abandonment), (d) (child adjudicated CINA and removed for six months, parent has not maintained significant and meaningful contact with the child), and (e) (child four or older, adjudicated CINA, removed from home for twelve of last eighteen months, and cannot be returned home) (1999). Dennis argues that termination was improper because the department of human services (DHS) failed to make reasonable efforts to reunify him with his child and termination was not in D.D.'s best interests.
Our review of termination proceedings is de novo. Iowa R. App. P. 6.4.
We find no indication in the record that Dennis challenged the DHS's failure to make reasonable reunification efforts prior to the termination hearing. This issue has not been preserved for our review, and we accordingly decline to address it. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997) (preservation of error requires parents to challenge services offered prior to the termination hearing).
Dennis also contends termination of his parental rights is not in his child's best interests. The paramount consideration in parental termination proceedings is the best interests of the child. In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). In seeking out those best interests, we look to the child's long-range as well as immediate interests. J.L.W., 570 N.W.2d at 781. "We consider the physical, mental, and emotional condition and needs of the child in deciding whether to terminate parental rights." In re C.W., 554 N.W.2d 279, 282 (Iowa Ct.App. 1996). When making this decision, we look to the parent's past performance because it may indicate the quality of care the parent is capable of providing in the future. In re N.F., 579 N.W.2d 338, 341 (Iowa Ct.App. 1998).
Upon our review of the record we find the best interests of the child dictate the termination of Dennis's parental rights. Dennis's past parental performance shows he is not committed to meeting the needs of his child. He has been in prison throughout most of D.D.'s life and has little meaningful contact with him. Dennis admits that he has had such little contact with D.D. that he doesn't know whether D.D. would feel bonded to him or even recognize him. We also note that Dennis has failed to support D.D. financially. D.D. deserves a stable home and should not be forced to wait any longer for Dennis to become a responsible parent. See In re E.B.L., 501 N.W.2d 547, 551 (Iowa 1993) (We cannot preserve in law a relationship which does not exist in fact, with the child committed indefinitely to the parentless limbo of foster care.).
The district court decision is accordingly affirmed in its entirety.
AFFIRMED.