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Case No. 19-1063

In the Interest of A.R. and S.R., Minor Children

J.R., Father-Appellant

Attorney for Appellant Father

Jamie L. Schroeder

Attorney for Appellee State

Anna T. Stoeffler, Assistant Attorney General

Guardian ad Litem

Tammy L. Banning

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 11, 2019

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  Dissent by Potterfield, P.J.  (11 pages)

            The father appeals the termination of his parental rights to his two children, A.R. and S.R.  The father does not contest the statutory grounds for termination have been met.  He maintains termination of his parental rights is not in the best interests of the children and claims the juvenile court should have placed the children in a guardianship with their maternal grandmother in lieu of terminating his parental rights because of the closeness of the bond he shares with the children.  OPINION HOLDS: Because the father has not demonstrated an ability to stay sober and create a safe environment for his children and will be imprisoned for at least three more years, and the children are thriving in their maternal grandmother’s care, we affirm the termination.  DISSENT ASSERTS: Based on the holdings of recent cases with similar facts, I would reverse the termination of the father's parental rights.

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