Opinion
No. 2-414 / 02-0563.
Filed May 15, 2002.
Appeal from the Iowa District Court for Dubuque County, JANE M. MYLREA, Associate Juvenile Judge.
A father appeals the termination of his parental rights to his son. AFFIRMED.
Daniel McClean of McClean Law Office, Dyersville, for appellant-father.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Fred H. McCaw, County Attorney, and Jean A. Becker, Assistant County Attorney, for appellee-State.
Mary Kelley, Dubuque, guardian ad litem for minor child.
Considered by VOGEL, P.J., and MAHAN and EISENHAUER, JJ.
A father appeals the termination of his parental rights to his son. He does not dispute that the State has proven the grounds for termination under Iowa Code section 232.116(1)(b) (2001). Instead, he contends he was not provided reasonable services for reunification and that the district court erred in allowing him to be called as a witness when he did not appear on the witness list. We review his claims de novo. SeeIn re M.T., 613 N.W.2d 690, 691 (Iowa Ct. App. 2000).
The child was removed from the mother's care days after his birth in September 2001. The mother named several putative fathers, and paternity test results filed in January 2002 revealed the identity of the child's father. The father was incarcerated at the time of his son's birth and has remained incarcerated throughout the pendency of this action. Although he was aware of the child in need of assistance proceedings, as he was personally served an original notice and copy of the petition, the father never attempted to contact the Department of Human Services to request any services or visitation. As a result, we find he has not preserved the issue of reasonable efforts for our review. See In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct. App. 1994) ("A challenge to the sufficiency of services should be raised in the course of the child in need of assistance proceedings.").
We likewise reject the father's claim that being called as a witness by the State violated his due process rights because the issue was not presented to the court either at trial or in a motion pursuant to Iowa Rule of Civil Procedure 1.904(2). See In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994) (holding an issue not presented to the juvenile court may not be raised for the first time on appeal).
AFFIRMED.