Opinion
No. 07-1387.
November 15, 2007.
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
A father appeals the termination of his parental rights, contending only that termination was not in the children's best interests. AFFIRMED.
Marla McCoid, Bondurant, for appellant father.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Andrea Vitzthum, Assistant County Attorney, for appellee State.
Andrea Flanagan of Sporer Ilic, P.C., Des Moines, for appellee mother.
Charles Fuson, Youth Law Center, Des Moines, for minor children.
Considered by SACKETT, C.J., and VAITHESWARAN and BAKER, JJ.
[EDITORS' NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]
Frederick appeals the termination of his parental rights to Deshawn, born in 2003, Karma, born in 2005, and Danadia, born in 2006. He does not challenge the grounds for termination, contending only that termination was not in the children's best interests.
We recognize that the ultimate concern in termination of parental rights proceedings is the best interests of the child. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). On our de novo review of the record, we can find scant evidence that the children's best interests would warrant deferral of termination.
Frederick was convicted of burglary, domestic abuse, and theft in the first degree. He violated the terms of his probation on the theft conviction and a warrant was issued for his arrest. Frederick admitted that, during most of the underlying proceedings he was "on the run." When police caught up with him, the arrest warrant had been outstanding for ten months. Following his arrest, Frederick was incarcerated on the original ten-year theft sentence. He testified that his discharge date was not until 2010 and he did not expect to see the parole board until 2009. Although he claimed to have communicated by telephone and letters with his two older children, he admitted that he had never lived in the same house with any of the children, and had no contact with his youngest child. Based on this evidence, we conclude termination of Frederick's parental rights to his three children was in the children's best interests.