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In the Interest of A.E., 02-1767

Court of Appeals of Iowa
Dec 30, 2002
No. 2-1017 / 02-1767 (Iowa Ct. App. Dec. 30, 2002)

Opinion

No. 2-1017 / 02-1767.

Filed December 30, 2002.

Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.

Father appeals from the order terminating his parental rights to his daughter. AFFIRMED.

Harold Dawson of DeKoter, Thole Dawson, P.L.C., Sibley, for appellant.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Jack Bjornstad, Assistant County Attorney, for appellee-State.

Shannon Sandy of Sandy Law Firm, P.C., Spirit Lake, guardian ad litem for minor child.

Considered by VOGEL, P.J., and ZIMMER and HECHT, JJ.


Lloyd J. is the biological father of Amber E., who was born May 13, 1985. In 1996, Amber was removed from her mother's care and placed with the Department of Human Services for foster care placement. She was subsequently adjudicated to be in need of assistance, and in December of 1998, her custody was transferred to Lloyd.

On November 17, 2001, Lloyd was arrested and charged with third-degree sexual abuse and incest, with Amber as the named victim. Amber was again placed in foster care. On February 25, 2002, Lloyd entered into a plea agreement and was convicted of third-degree sexual abuse, in violation of Iowa Code sections 709.1 and 709.4(1) (2001), and incest, in violation of section 726.2. He was sentenced to concurrent sentences of ten and five years on the charges.

On July 25, 2002, the State filed a petition to terminate Lloyd's parental rights to Amber. Following a hearing, the juvenile court terminated his rights pursuant to section 232.116(1)(j) (Supp. 2001). Lloyd appeals from this ruling.

We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern is the best interests of the child . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).

On our de novo review we conclude the court properly terminated Lloyd's rights under section 232.116(1)(j), which requires clear and convincing evidence that (1) the child has been adjudicated in need of assistance and her custody has been transferred from her parents, and (2) the parent has been imprisoned for a crime against the child. As noted, Lloyd was found guilty of the crimes of third-degree sexual abuse and incest against Amber. Despite his claim on appeal denying the charges, we conclude the court properly concluded all the elements of section 232.116(1)(j) were satisfied.

We also reject Lloyd's contention the State failed to offer sufficient services to allow for reunification. Given that Lloyd had recently been convicted of sexually abusing Amber, is imprisoned on those charges, and that Amber will shortly turn eighteen, we conclude the services were adequate considering the circumstances. See In re C.B., 611 N.W.2d 489, 493 (Iowa 2000).

AFFIRMED.


Summaries of

In the Interest of A.E., 02-1767

Court of Appeals of Iowa
Dec 30, 2002
No. 2-1017 / 02-1767 (Iowa Ct. App. Dec. 30, 2002)
Case details for

In the Interest of A.E., 02-1767

Case Details

Full title:IN THE INTEREST OF A.E., Minor Child, L.J., Father, Appellant

Court:Court of Appeals of Iowa

Date published: Dec 30, 2002

Citations

No. 2-1017 / 02-1767 (Iowa Ct. App. Dec. 30, 2002)