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In the Interest of T.H

Court of Appeals of Iowa
Jan 29, 2003
662 N.W.2d 372 (Iowa Ct. App. 2003)

Opinion

No. 3-003 / 02-1965

Filed January 29, 2003

Appeal from the Iowa District Court for Poweshiek County, Michael R. Stewart, District Associate Judge.

Father appeals from the order terminating his parental rights to his son and daughter. AFFIRMED.

Dennis McKelvie of the McKelvie Law Office, Grinnell, for appellant father.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Michael W. Mahaffey, County Attorney, and Kelly Bennett, Assistant County Attorney, for appellee State.

Nicole Still, Grinnell, guardian ad litem for children.

Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.


Thomas H., Sr., is the father of Sierra H., born September 28, 1995, and Thomas H., Jr., born July 14, 1997. On August 3, 2001, the children were adjudicated in need of assistance (CINA), pursuant to Iowa Code section 232.2(6)(k) (2001), based on the consent of their parents. Following a subsequent trial on the State's petition to terminate Thomas Sr.'s parental rights to the children, the court terminated his rights pursuant to Iowa Code sections 232.116(1)(f) and (j) (Supp. 2001). Thomas Sr. appeals from this order.

We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern in termination proceedings is the best interests of the children . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proven by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).

On appeal, Thomas Sr. first contends the court erred in its determination that, under section 232.116(1)(j), it is unlikely he will be released from prison for a period of five or more years. Second, he argues termination is not in the children's best interests.

Iowa Code section 232.116(1)(j) provides a court may terminate parental rights when (1) the child has been adjudicated CINA, and (2) the parent has been imprisoned and it is unlikely the parent will be released from prison for a period of five or more years.

We first note Thomas Sr. fails to challenge the evidence supporting termination under section 232.116(1)(f). We conclude his failure to contest this provision or argue authority is a wavier of this issue. See In re W.C., 489 N.W.2d 40, 41 (Iowa Ct.App. 1992). Moreover, we conclude termination is in the best interest of Sierra and Thomas Jr. On December 13, 1999, Thomas Sr. was imprisoned on charges of first-degree burglary, going armed with intent, and felony stalking. He was sentenced to thirty years, and it appears unlikely that he would even be considered for parole prior to December of 2007. He is a drug user and has a history of violence. We therefore affirm the termination order.

AFFIRMED.


Summaries of

In the Interest of T.H

Court of Appeals of Iowa
Jan 29, 2003
662 N.W.2d 372 (Iowa Ct. App. 2003)
Case details for

In the Interest of T.H

Case Details

Full title:IN THE INTEREST OF T.H., Jr., and S.H., Minor Children, T.L.H., Sr.…

Court:Court of Appeals of Iowa

Date published: Jan 29, 2003

Citations

662 N.W.2d 372 (Iowa Ct. App. 2003)