Opinion
No. 2-460 / 01-1500.
Filed June 19, 2002.
Appeal from the Iowa District Court for Benton County, JANE F. SPANDE, District Associate Judge.
Father appeals the juvenile court decision that terminated his parental rights to his minor child. AFFIRMED.
Fred Stiefel, Victor, for appellant.
Phillip Seidl, Marion, for mother.
Thomas J. Miller, Attorney General, M. Elise Pippin, Assistant Attorney General, David Thompson, County Attorney, and Anthony Janney, Assistant County Attorney, for appellee-State.
Robert Davison, Cedar Rapids, guardian ad litem for minor child.
Considered by MAHAN, P.J., and ZIMMER and EISENHAUER, JJ.
Nick appeals the juvenile court decision that terminated his parental rights to Harmony. He claims the State did not present sufficient evidence to warrant termination of his parental rights. He also claims he was denied due process because he was not allowed access to certain documents prior to the termination hearing. We affirm.
Nick and Tara are the parents of Harmony, born in December 1997. The parents have a violent relationship. Nick has a history of depression, substance abuse, and criminal activity. In August 1998 Harmony was adjudicated to be a child in need of assistance (CINA). Nick has been in federal prison on drug charges since October 1999, and is expected to be released by October 2003.
On August 20, 2001, the juvenile court terminated Nick's parental rights under sections 232.116(1)(e) (child CINA, child removed for six months, parent has not maintained significant and meaningful contact with child), (h) (child is three or younger, child CINA, removed from home for six of last twelve months, and child cannot be returned home), and (l) (child CINA, parent has substance abuse problem, child cannot be returned within a reasonable time) (2001). I. Nick asserts the State did not present sufficient evidence to warrant termination of his parental rights. He claims he complied with all the requirements of the case permanency plan and points out he will be released from prison in less than five years. On our de novo review, we determine there is clear and convincing evidence in the record to establish the grounds for termination of Nick's parental rights. See In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
The juvenile court actually cited Iowa Code §§ 232.116(1)(d), (g), and (k), but effective April 24, 2001, these sections were redesignated as cited above.
II. Nick also asserts he was denied due process because he was not allowed to review the social history and court-appointed special advocate (CASA) reports. The juvenile court denied his request to view the documents, finding, "Information acquired for those reports was obtained upon assurances of confidentiality." We find no abuse of discretion in the juvenile court's ruling. Section 232.97(3) provides the court has discretion to order the social history report should be kept confidential from the parents due to a "promise of confidentiality given to a source of information." Also, section 232.89(5) provides the CASA reports to the court and does not state this report must be available to the parents. We note Nick's counsel had access to the documents, but because of their confidential nature, they were not to be shown to the parents.
We affirm the decision of the juvenile court.
AFFIRMED.