In the Interest of K.H.-K., Minor Child
In the Interest of K.H.-K., Minor Child
Opinion
This case involves the termination of a parent's rights pursuant to Iowa Code chapter 232 (2017). Ricky appeals from an order terminating his parental rights in his child K.H.-K. (born 2016). The child's mother consented to the termination of her parental rights and does not appeal. On appeal, Ricky challenges the sufficiency of the evidence supporting the statutory grounds authorizing the termination of his parental rights and argues termination of the parent-child relationship is not in the best interest of his child.
This court reviews termination proceedings de novo.
See
In re A.M.
,
We first address the sufficiency of the evidence supporting the grounds authorizing the termination of Ricky's parental rights. Where, as here, "the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record."
In re A.B.
,
includes but is not limited to the affirmative assumption by the parents of the duties encompassed by the role of being a parent. This affirmative duty, in addition to financial obligations, requires continued interest in the child, a genuine effort to complete the responsibilities prescribed in the case permanency plan, a genuine effort to maintain communication with the child, and requires that the parents establish and maintain a place of importance in the child's life.
Here, there is clear and convincing evidence supporting termination of Ricky's parental rights pursuant to section 232.116(1)(e). The child was removed from the care of the mother due to her substance abuse. At the time of removal, Ricky was the putative father, but he refused any involvement until testing confirmed his paternity. Because of his refusal to be involved, Ricky was not a placement option. From the time paternity was established in September 2016 to the time of the termination hearing in March 2018, Ricky had little interaction with the child. Ricky told the caseworkers he had no interest in visiting the child, and he backed up his statements with deliberate inaction. Over the pendency of the case, Ricky exercised visitation only sporadically for a total of approximately twelve supervised visits. On most occasions, Ricky cancelled scheduled visits. Ricky did not provide financial support for the child. Ricky also failed to make reasonable efforts to resume the care of his child by following the case plan. He would not engage in drug testing despite repeated requests. He refused to sign release forms for any substance-abuse or mental-health information. He refused to engage in parenting services. He would not communicate with service providers. He was described as "defiant, argumentative, disrespectful, blaming others, demanding, and uncooperative." When asked why he refused to comply with the case plan, Ricky testified "there was no reason why I had to buy something that was mine." In other words, he had no reason to expend the effort to obtain something that was already his.
Rather than assuming the duties of being a parent, Ricky actively rejected the duties of being a parent. There is clear and convincing evidence supporting this ground authorizing the termination of Ricky's rights.
See
In re J.M.
, No. 17-2073,
Ricky also contends termination is not in the child's best interest. We "give primary consideration to the child's safety, to the best placement for furthering the long-term nurturing and growth of the child, and to the physical, mental, and emotional condition and needs of the child."
In re P.L.
,
We conclude there is clear and convincing evidence establishing the termination of Ricky's parental rights is in the best interest of the child. Ricky has shown little interest in his child. By his own admission, Ricky has a limited bond with the child. Ricky has not demonstrated any capacity to meet the social and emotional needs of the child. In contrast, the child has been thriving in a loving foster home since June 2017. Also at the home is K.H.-K.'s younger half-sister, and the two share a close bond. The child is safe and well integrated into the foster family. The foster mother testified that the family is willing to adopt K.H.-K. While Ricky has recently expressed a desire to begin complying with services, the child should not have to wait. "It is well-settled law that we cannot deprive a child of permanency after the State has proved a ground for termination under section 232.116(1) by hoping someday a parent will learn to be a parent and be able to provide a stable home for the child."
A.B.
,
For these reasons, we affirm the juvenile court order terminating Ricky's parental rights in K.H.-K.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.