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In the Interest of A.S., 02-1663

Court of Appeals of Iowa
Dec 30, 2002
No. 2-975 / 02-1663 (Iowa Ct. App. Dec. 30, 2002)

Opinion

No. 2-975 / 02-1663.

Filed December 30, 2002.

Appeal from the Iowa District Court for Polk County, KAREN A. ROMANO, Judge.

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

Ronald L. Wheeler, Des Moines, for appellant-father.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Martha Johnson, Assistant County Attorney, for appellee-State.

Victoria Meade, Des Moines, guardian ad litem for minor child.

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


Keith S. is the father of Ashley S., born October 9, 1999, and Tracey S., born September 22, 2000. On April 25, 2001, a no-contact order was entered between Keith and his daughters, and on May 3, 2001, a child in need of assistance petition was filed on behalf of each child. They were later adjudicated to be in need of assistance pursuant to Iowa Code section 232.2(6)(d) (2001). Following a subsequent hearing on the State's petition, the court terminated Keith's parental rights to both children pursuant to sections 232.116(1)(h) (Supp. 2001).

We review termination of parental rights 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).

In order to terminate Keith's parental rights under section 232.116(1)(h), the State was required to prove (1) the children were three or younger, (2) they have been adjudicated in need of assistance, (3) they have been removed from the parent's physical custody for at least six of the last twelve months, or for the last six months, and (4) there is clear and convincing evidence they cannot be returned to their parent's custody. On our de novo review of the record we agree the court properly terminated Keith's parental rights under this section.

In 1995, Keith was found to be the perpetrator of second-degree sexual abuse with three different young victims, and in 1997, he was convicted of two counts of lascivious acts with a child. In 2002, Keith began therapy with Toni Bell, who specializes in treating sex offenders. Ms. Bell testified that she was not satisfied with Keith's progress and that she did not foresee the possibility of any significant progress in the future. Accordingly, based on our concerns about Keith's propensity to sexually abuse children and his lack of insight into his mental health and sex offender issues as well as his lack of commitment to treatment, we agree with the juvenile court that the children cannot safely be returned to his custody. We therefore affirm the termination order.

AFFIRMED.


Summaries of

In the Interest of A.S., 02-1663

Court of Appeals of Iowa
Dec 30, 2002
No. 2-975 / 02-1663 (Iowa Ct. App. Dec. 30, 2002)
Case details for

In the Interest of A.S., 02-1663

Case Details

Full title:IN THE INTEREST OF A.S. and T.S., Minor Children, K.S., Father, Appellant

Court:Court of Appeals of Iowa

Date published: Dec 30, 2002

Citations

No. 2-975 / 02-1663 (Iowa Ct. App. Dec. 30, 2002)