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Case No. 18-1767

In the Interest of S.W., Minor Child

P.W., Father-Appellant

H.W., Mother-Appellant

Attorney for Appellant Father

Raya D. Dimitrova

Attorney for Appellant Mother

David Barajas

Attorney for Appellee State

Anagha Dixit, Assistant Attorney General

Guardian ad litem

Paul L. White


Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 19, 2018

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (8 pages)

            The father and mother separately appeal the termination of their parental rights to S.W., born in July 2015.  The father argues the State failed to prove by clear and convincing evidence that grounds for termination exist under Iowa Code section 232.116(1)(h) (2018).  Both argue the district court should have granted a six-month extension and should have found termination was not in S.W.’s best interests.  OPINION HOLDS: We find the State proved by clear and convincing evidence the grounds for termination of the father’s parental rights.  Additionally, we find an additional six months would not extinguish the need for removal.  Finally, termination is in S.W.’s best interests and any bond between the parents and child does not preclude termination.

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