Opinion
No. 3-356 / 03-0451
Filed June 13, 2003
Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge.
A father appeals the juvenile court's order terminating his parental rights. AFFIRMED.
Michael B. Oliver of Oliver Law Firm. P.C., Des Moines, for appellant-father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Jon Anderson, Assistant County Attorney, for appellee-State.
Victoria Meade, Des Moines, guardian ad litem for minor child.
Considered by Sackett, C.J., and Huitink and Vogel, JJ.
Nakia, the father of C'Era, born in October of 1991, has filed a petition on appeal following the February 19, 2003 termination of his parental rights to the child. He contends there is not clear and convincing evidence to support the termination under Iowa Code sections 232.116(1)(c), (d) and (e) (2001). We affirm.
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999); In re E.K., 568 N.W.2d 829, 830 (Iowa Ct.App. 1997). When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm. S.R., 600 N.W.2d at 64; In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
The termination first came on for hearing on November 5, 2002. Nakia did not appear nor was he represented. He had been served with notice of the proceedings. There was a comment made that he was in prison. The hearing was continued to December 17, 2002. At that time it was determined that Nakia was at the State Correctional Facility in Fort Dodge. Michael B. Oliver was appointed as his guardian ad litem. The court appointed Oliver because he had represented Nakia earlier. Oliver then appeared at the hearing and examined one witness. There was no claim made that Nakia was able to assume custody of the child nor that he had any desire to do so.
The evidence was that C'Era, together with three half siblings from other fathers, was removed from her mother's care in May of 2001. Shortly thereafter they were found to be children in need of assistance and they have remained in foster care since that time. The juvenile court found they could not be returned to their mother's care. The only evidence at the termination hearing as to Nakia's situation was that he was incarcerated. Consequently, the only finding that can be made is that he is unable to receive his daughter's custody at this time. Furthermore, there was no evidence that he would be able to resume his daughter's care in a reasonable period of time nor does he argue in his petition that he has the ability to do so.
C'Era has been found to be a child in need of assistance and has been removed from the physical custody of her parents for two years. There is clear and convincing evidence that Nakia has had no meaningful contact with his daughter and has made no reasonable efforts to assume his parental duties nor that he has the ability to do so. There is clear and convincing evidence supporting termination of his parental rights under Iowa Code section 232.116(e). We deny his petition for reversal or full briefing and affirm.