Opinion
No. 07-0389.
April 25, 2007.
Appeal from the Iowa District Court for Polk County, Constance Cohen, Judge.
A father appeals from the termination of his parental rights to his three children. AFFIRMED.
Brad Schroeder of Hartung Schroeder, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Andrea Vitzthum, Assistant County Attorney, for appellee.
Thomas Graves, Des Moines, for mother.
Kimberly Ayotte, Des Moines, guardian ad litem for minor children.
Considered by SACKETT, C.J., and VOGEL and MILLER, 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).]
Kevin is the father of Jataya, born in 2001, Elijah, born in 2002, and Nakia, born in 2004. Following a hearing, the juvenile court concluded the State proved by clear and convincing evidence that the father's parental rights "should be permanently terminated within the meaning of Iowa Code sections 232.116(1)(b), (d), (f), and (h) (2005)." However, the court ordered termination of his parental rights only under sections (b) and (d).
On appeal, Kevin contends the elements of section 232.116(1)(d) were not demonstrated by clear and convincing evidence. He does not make any argument or cite any authority concerning section (b). We affirm the termination of his parental rights under 232.116(1)(b). See Iowa R. App. P. 6.14(1)( c); In re In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
He also contends termination was not in the children's best interest, arguing there was no evidence he does not have a strong bond with the children and they are attached to him. The evidence in the record supports a finding any bond or relationship between Kevin and the children has been significantly damaged by his acts and omissions. Giving "primary consideration to the child[ren's] safety, to the best placement for furthering the long-term nurturing and growth of the child[ren], and to the physical, mental, and emotional condition and needs of the child[ren]," we conclude the children's needs are served by terminating Kevin's parental rights. Iowa Code § 232.116(2).