In the Interest of T.W., Minor Child
M.H., Father-Appellant
Attorney for Appellant Father
John C. Heinicke
Attorney for Appellee State
Kathryn K. Lang, Assistant Attorney General
Guardian ad Litem
Shireen Carter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Madison County, Brendan Greiner, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by May, J. Special Concurrence by Doyle, J. (15 pages)
A father appeals the juvenile court’s termination of his parental rights. OPINION HOLDS: We conclude termination is appropriate under Iowa law and consistent with the child’s best interest. SPECIAL CONCURRENCE ASSERTS: I concur with the majority’s disposition, but take this opportunity to comment on the conundrum faced by the court—has the supreme court supplanted the “adjudicatory harm” standard with a more relaxed “safely returned” standard in applying the fourth element of Iowa Code section 232.116(1)(h)? I believe the “safely returned” standard is merely judicial shorthand for the “adjudicatory harm” standard, and under either, the State must show that the child cannot be returned to the parent’s custody without risk of adjudicatory harm.
