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Case No. 19-1711

In the Interest of G.O., Minor Child

A.O., Father-Appellant

Attorney for Appellant Father

Elizabeth M. Wayne

Attorney for Appellee State

Gretchen Witte Kraemer, Assistant Attorney General

Guardian ad Litem

Elizabeth A. Batey

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1711
Date Published:
Dec 18, 2019
Summary

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Vogel, S.J.  Opinion by Vogel, S.J.  Dissent by Vaitheswaran, P.J.  (8 pages)

            The father of G.O. appeals the termination of his parental rights.  OPINION HOLDS: The father was notified in person and in writing of the date and time of the hearing and appeared with counsel, and the juvenile court did not abuse its discretion in denying his motion to continue the hearing.  The State proved the statutory grounds for termination by clear and convincing evidence.  We agree with the juvenile court that termination of the father’s parental rights is in G.O.’s best interests, and we find no impediments to termination.  DISSENT ASSERTS: I respectfully dissent.  I am not convinced the father’s whereabouts were unknown or could not be ascertained by a reasonably diligent search.  And the father’s awareness of the hearing date did not obviate the need to serve him with notice of the termination proceeding at least seven days before the termination hearing.  I would reverse and remand.

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