Opinion
No. 4-887 / 04-1802
Filed January 13, 2005
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
A father appeals from an order terminating his parental rights. AFFIRMED.
Jeffrey T. Mains of the Mains Law Office, Des Moines, for father-appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Andrea Vitzthum, Assistant County Attorney, for appellee.
Brad Schroeder of Hartung Schroeder, Des Moines, for mother.
Amy Kepes of the Youth Law Center, Des Moines, for the child.
Considered by Huitink, P.J., and Zimmer and Vaitheswaran, JJ.
Travis appeals the termination of his parental rights to Maria, born on January 6, 2003. He does not challenge the grounds for termination but contends that, because the child was with her mother, "a guardianship would have served the child's best interests." See Iowa Code § 232.116(3)(a) (2003) (stating court need not terminate parent's rights where child is placed with relative).
On our de novo review, we disagree. When Maria was seven months old, her mother Andrea returned from work and school to find bruises on Maria's face. Travis had been the caretaker in her absence. Andrea took the child to the hospital, where the head of pediatric medicine expressed concern that she had been abused. A physical exam revealed a fractured right tibia as well as bruises on Maria's left eyebrow, both cheeks, left upper arm, left upper thigh, and chest. Travis later admitted to grabbing Maria's leg and throwing her into her crib, where she hit her head.
Travis was arrested. The district court entered an order in the criminal case prohibiting Travis from having contact with Andrea and Maria. Several months before the termination hearing, he was found guilty of neglect of a dependent person and child endangerment causing bodily injury. He was sentenced to prison terms not exceeding ten and five years, to be served concurrently. His attorney anticipated a discharge date in March 2008.
Although Travis argues termination of his parental rights is not warranted because "the child would remain safe" in the custody of her mother, the record suggests otherwise. In a report to the court, a social services employee stated:
Throughout this case, Travis has failed to take any responsibility for his actions or to demonstrate any remorse for his physical abuse of his daughter. He has blamed Andrea for taking Maria to the hospital, and along with his mother, attempted to make her feel guilty for causing his incarceration. Andrea has been forced to move and to change her telephone number after Travis continued to call in violation of the [no contact order]. Travis then began calling and writing to Andrea's grandparents threatening that he will make sure she does not keep custody of Maria and complaining about Andrea. Travis has shown by this behavior that he will not follow court orders and is a continuing danger to Maria. The only way to guarantee Maria's safety is by terminating his parental rights to Maria so that Andrea and Maria may move on with their lives.
We agree with the juvenile court that termination of Travis' parental rights to Maria was in the child's best interests and a guardianship was not warranted.