In the Interest of L.B., Minor Child
In the Interest of L.B., Minor Child
Opinion
The father appeals the termination of his parental rights to his child, born in April 2016.
1
On appeal, the father challenges the statutory grounds for termination and claims termination of his parental rights is not in the child's best interests. We review the termination of parental rights de novo.
In re D.M.J.
,
The juvenile court terminated the father's parental rights pursuant to Iowa Code section 232.116(1)(e) and (h) (2017). Where, as here, the juvenile court terminates on more than one ground, we may affirm on any ground that we find supported by clear and convincing evidence.
In re D.W.
,
(1) The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child's parents for at least six months of the last twelve months, or for the last six consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that the child cannot be returned to the custody of the child's parents as provided in section 232.102 at the present time.
The father concedes the first two elements have been met; he challenges only the third and, nominally, the fourth element. The father maintains the third element has not been satisfied because he had a "trial period" with the child in his home for longer than thirty days. The father misconstrues the meaning of the third element. The child was placed in his care from June 2016-when L.B. was formally removed from the mother's care-until October 2016. However, from October 2016 until November 2017-the time of the termination hearing-L.B. remained outside of the father's care. L.B. had been outside of the father's care for all of the previous twelve months leading up to the termination hearing with no trial period at home; thus, the third element is satisfied.
See
D.M.J.
,
Next, the father maintains termination of his parental rights is not in L.B.'s best interests because he was the child's "primary caretaker for the first three months of L.B.'s life." While it appears, as the father contends, that he did his best to provide care for L.B. while he was in his custody from June to October 2016, the child had been removed from the father for over a year at the time of the termination hearing. During L.B.'s short life, he had been through a number of placements. However, at the time of the termination hearing, he was living with a pre-adoptive foster family, where he had been integrated into the family and felt comfortable. As with all children, permanency and stability are in L.B.'s best interests.
See
Because the statutory grounds for termination have been met and terminating the father's parental rights is in L.B.'s best interests, 2 we affirm.
AFFIRMED.
The mother's parental rights were also terminated. Although a notice of appeal was filed in the mother's name, the mother failed to sign to it and she failed to respond to an order from our supreme court requiring her to file a signed, amended notice. Her appeal was ultimately dismissed for failure to comply with the appellate rules of procedure.
We do not consider whether any of the factors weighing against termination apply, as the father has the burden to establish the applicability of any such factor and has not urged us to consider any in this case.
See
In re A.S.
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.