Opinion
No. 12–2220.
2013-02-13
In the Interest of D.P., Minor Child, C.A.P., Father, Appellant.
Dawn M. Bowman of Bowman Law Office, Pleasantville, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller–Todd, Assistant Attorney General, John Criswell, County Attorney, and Tracie Sehnert, Assistant County Attorney, for appellee.
Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.
A father appeals the termination of his parental rights. AFFIRMED.
Dawn M. Bowman of Bowman Law Office, Pleasantville, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller–Todd, Assistant Attorney General, John Criswell, County Attorney, and Tracie Sehnert, Assistant County Attorney, for appellee.
Penny B. Reimer, West Des Moines, for mother.
Tara M. Elcock of Elcock Law Firm, P.L.C., Indianola, attorney and guardian ad litem for minor child.
Considered by EISENHAUER, C.J., and DANILSON and BOWER, JJ.
DANILSON, J.
The child, D.P., was born in April 2004, and the father has not seen the child since “'04–'05.” The father is currently serving a ten-year prison term for third-degree sexual abuse (the victim was an unrelated minor); he began serving his term in 2010. He may be released from prison in 2014 and will be on lifetime parole.
On appeal, the father does not challenge that statutory grounds for termination exist. See In re P.L., 778 N.W.2d 33, 40 (Iowa 2010) (stating that where parent does not challenge existence of statutory grounds, we need not address the issue). He contends, however, that termination need not occur because the child is awaiting placement in a psychiatric medical institute and “[t]he therapist at the facility can help the child work through the difficulties he may experience due to contact with his father.” D.P. has serious mental health issues. Precluding termination to introduce the child to a father who has been absent for a number of years and who is imprisoned for at least another two years is not in the child's best interests. Iowa Code § 232.116(2), (3).
The father's rights were terminated pursuant to Iowa Code § 232 .116(1)(b) (2011) (abandonment), and (o) (parent convicted of felony sex offense against a minor, divorced or never married to other parent, and serving minimum confinement of five years for the offense)
We affirm the termination of parental rights.
AFFIRMED.