In the Interest of K.S. and O.S., Minor Children ( 2024 )

IN THE COURT OF APPEALS OF IOWA
No. 23-1914
Filed January 10, 2024
IN THE INTEREST OF K.S. and O.S.,
Minor Children,
K.S., Father,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Clinton County, Kimberly Shepherd,
District Associate Judge.
A father appeals the termination of his parental rights to two children.
AFFIRMED.
Camille Kahn of Brubaker, Flynn & Darland, P.C., Davenport, for appellant
father.
Brenna Bird, Attorney General, and Dion D. Trowers, Assistant Attorney
General, for appellee State.
Patricia A. Rolfstad, Davenport, attorney and guardian ad litem for minor
children.
Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.
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CHICCHELLY, Judge.
A father appeals the termination of his parental rights to his two daughters:
K.S., born in 2014; and O.S., born in 2015. He contends that termination is not in
the children’s best interests and we should decline to terminate based on a
permissive exception. Upon our de novo review, we affirm termination of his
parental rights.
I. Background Facts and Proceedings.
The Iowa Department of Health and Human Services (HHS) became
involved with the children based on the mother’s alleged substance use.1 K.S. and
O.S. were adjudicated children in need of assistance. Before these events, the
father was already incarcerated in an Illinois prison, and he remained incarcerated
during the entirety of the proceedings. HHS attempted to engage with the father,
but his involvement with services was limited due to his incarceration. The children
had infrequent contact with the father, and their longest period without any
communication was approximately one year.
The State petitioned for termination in May 2023. After a two-day hearing
in September, both of the parents’ parental rights were terminated in November
2023. The father appeals.2
1 In November 2021, the mother gave birth to her third child. After the birth, the
mother tested positive for controlled substances; similarly, the baby tested positive
for amphetamine and methamphetamine. K.S., O.S., and the baby were all in her
care, so they were jointly removed. But because only K.S. and O.S. are the subject
of this appeal, we focus our analysis on them.
2 The mother’s rights were also terminated to the children, but she does not appeal.
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II. Review.
We review termination proceedings de novo. In re Z.K., 973 N.W.2d 27, 32
(Iowa 2022). While not binding, we give weight to the juvenile court’s findings of
fact, especially regarding witness credibility. Id.III. Discussion.
We use a three-step analysis to review termination of parental rights
proceedings. In re A.S., 906 N.W.2d 467, 472 (Iowa 2018). Those steps include
whether: (1) grounds for termination have been established, (2) termination is in
the children’s best interests, and (3) we should exercise any permissive exceptions
to termination. Id. at 472–73.
A. Grounds for Termination.
The juvenile court terminated the father’s parental rights to both children
under Iowa Code section 232.116(1)(d), (e), and (f) (2023). We may affirm on any
one statutory ground when the juvenile court terminates under multiple grounds.
In re A.W., No. 23-1125, 2023 WL 6290680, at *2 (Iowa Ct. App. Sep. 27, 2023).
The father concedes that two of the statutory grounds pled by the State have been
met; accordingly, we find that the statutory grounds for termination have been met
for section 232.116(1)(d) and (f) (2023). See id. at *1.
B. Best Interests Analysis.
The father contends that termination was not in the best interests of the
children because of their established parent-child bond. But this argument is better
suited as part of the permissive-exception analysis, and we consider it there. In
determining the best interests of the children, we must “give primary consideration
to the child[ren]’s safety, to the best placement for furthering the long-term
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nurturing and growth of the child[ren], and to the physical, mental, and emotional
condition and needs of the child[ren].” Iowa Code § 232.116(2). A “defining
element[]” of our analysis is the children’s “need for a permanent home.” In re
H.S., 805 N.W.2d 737, 748 (Iowa 2011) (citation omitted). Iowa courts do not
deprive children of this permanent home in the hopes that a parent will suddenly
improve. In re A.B., 815 N.W.2d 764, 778 (Iowa 2012). We decline to keep them
in a temporary situation while waiting for the father to potentially be released early,
become stable, and develop a parenting relationship with his children. Instead, we
find it is in the children’s best interests to achieve permanency. Accordingly, upon
our de novo review, we find that termination is in the best interests of the children.
C. Permissive Exception.
The father lastly requests we decline to terminate based on his parent-child
relationship. See Iowa Code § 232.116(3)(c) (providing a discretionary exception
to termination upon a finding of “clear and convincing evidence that the termination
would be detrimental to the child[ren] at the time due to the closeness of the parent-
child relationship[s]”). While we do not doubt the father’s love for his children, the
record does not show an established bond or that the children would be
detrimentally impacted by termination. K.S. and O.S. had no communication at all
with their father for one year during the proceedings. When they did have
infrequent visits, their social work case manager described these interactions as a
“struggle” where the children did not know what to say. K.S. and O.S. were
encouraged several times to write to their father, but nothing in the record suggests
this regularly occurred. While we acknowledge incarceration served as a barrier
to communication in this case, the father cannot use this as an excuse. See In re
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B.H.A., 938 N.W.2d 227, 234 (Iowa 2020) (“[The father] cannot use his
incarceration as a justification for his lack of a relationship with the child[ren].”
(citation omitted)). Instead, we rely on the record before us, which does not
support the claim that the children will be harmed by termination. We accordingly
decline to exercise a permissive exception based on a parent-child bond.
IV. Disposition.
Because it is in the best interests of the children and we determine that no
permissive exception should be applied to preclude termination, we affirm the
termination of the father’s parental rights.
AFFIRMED.