Opinion
No. 3-195 / 03-0290
Filed April 4, 2003
Appeal from the Iowa District Court for Scott County, Michael Liebbe, Associate Juvenile Judge.
A father appeals the termination of his parental rights to his minor child. AFFIRMED.
Neill Kroger, Davenport, for appellant.
Marsha Arnold, Davenport, for appellee-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, William Davis, County Attorney, and Gerda Lane, Assistant County Attorney, for appellee-State.
Considered by Huitink, P.J., and Mahan and Hecht, JJ.
James Clements, Davenport, guardian ad litem for minor child.
Steven appeals the termination of his parental rights to Rhyan, born in November 2000. He claims termination is not in the best interests of the child, relying on section 232.116(3)(a).
Steven and the child's mother, Amanda, were involved in a violent relationship. Steven has a history of abusing alcohol and illegal substances. Due to the great risk to Rhyan, she was removed from the home in May 2001. She was adjudicated to be a child in need of assistance. The parents separated. Steven was sent to prison in September 2001 on drug and domestic abuse charges. Eventually, Rhyan was returned to her mother's care.
Amanda asked to have Steven's parental rights terminated, and the guardian ad litem concurred. The State resisted, claiming section 232.116 does not include parents among the parties that may file for termination. The juvenile court terminated Steven's parental rights under Iowa Code sections 232.116(1)(d) and (h) (Supp. 2001).
The juvenile court cited the previous code numbers which were in effect prior to the amendment of Iowa Code section 232.116(1) on April 24, 2001. We will use the current form of the section.
Steven points out that under section 232.116(3)(a), the court need not terminate the parental relationship if a relative has legal custody of the child. Section 232.116(3) has been interpreted to be permissive, not mandatory. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997). It is within the sound discretion of the juvenile court, based upon the unique circumstances before it and the best interests of the child, whether to apply this section. Id. We must consider a child's long-range and immediate best interests. Id.
We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). We determine termination of Steven's parental rights is in Rhyan's best interests. Steven has been described as a "volatile, violent and dangerous man." As the juvenile court noted, "he was incarcerated once for domestic violence and upon release, continued to engage in that activity which then led to Rhyan's removal." We also note that Steven did not participate in services when given the opportunity, prior to his incarceration. The evidence presented in this case did not show Steven would be able to meet Rhyan's needs.
We affirm the decision of the juvenile court.