Narrative Opinion Summary
This case involves the appeal by a father against the termination of his parental rights to his seven-year-old daughter, D.P., by the district court. The father challenged the statutory grounds for termination and sought additional time for reunification, citing Iowa Code sections 232.117(5) and 232.104(2)(b). D.P. was initially removed from the mother's custody due to substance abuse issues and was later removed from the father's custody following allegations of sexual abuse against him. The child was placed with her half-sibling's grandparent, and no trial home placement occurred after May 2019. The district court terminated the father's parental rights under Iowa Code section 232.116(1)(f), noting his failure to engage with DHS, complete a substance-abuse evaluation, and attend therapy regularly. The father contested only the fourth element of section 232.116(1)(f), arguing D.P. could be safely returned to him, but the court disagreed, citing unresolved safety concerns. The father's request for a reunification extension was denied, as no evidence supported the likelihood of improvement. The appellate court reviewed the case de novo, affirming the termination, emphasizing the father's lack of engagement and the child's best interest. The decision underscores the importance of timely parental compliance in reunification plans.
Legal Issues Addressed
Best Interest of the Child under Iowa Code Section 232.116(2)subscribe to see similar legal issues
Application: The court determined that termination was in the best interest of the child, considering the father's lack of progress and engagement with DHS and the ongoing safety concerns.
Reasoning: The father did not allow the Department of Human Services (DHS) to evaluate his living situation, which raised concerns about safety. His progression was limited to supervised visits, and he had not engaged with DHS or addressed concerns related to a founded child abuse assessment for sexual abuse of a sibling.
Reunification Time Extension under Iowa Code Sections 232.117(5) and 232.104(2)(b)subscribe to see similar legal issues
Application: The court denied the father's request for an extension of time for reunification, finding no evidence supporting the potential for improvement within the extension period.
Reasoning: The district court denied the father's request for an extension of time, concluding that it would not enhance his situation. The record lacks evidence supporting the appropriateness of such an extension.
Termination of Parental Rights under Iowa Code Section 232.116(1)(f)subscribe to see similar legal issues
Application: The court found clear and convincing evidence to terminate the father's parental rights as the child was over four years old, adjudicated a child in need of assistance, removed from custody for at least twelve of the last eighteen months, and could not be safely returned to the father's custody.
Reasoning: The court focuses on section 232.116(1)(f), which requires clear and convincing evidence that the child is over four years old, has been adjudicated a child in need of assistance (CINA), has been removed from parental custody for at least twelve of the last eighteen months, and cannot be safely returned to the parent's custody at the termination hearing.