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Case No. 20-1137

In the Interest of Z.M. and K.T., Minor Children

K.B., Mother-Appellant

A.M., Father of Z.M.-Appellant

Attorney for Appellant Mother

Matthew W. Boleyn

Attorney for Appellant Father

Dustin Baker

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Daniel A. Dlouhy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1137
Date Published:
Nov 04, 2020
Summary

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (6 pages)

            The mother of Z.M. and K.T. and the father of Z.M. separately appeal the termination of their parental rights.  OPINION HOLDS: I. We affirm the termination of the father’s parental rights under Iowa Code section 232.116(1)(e) (2020).  The record shows termination is in Z.M.’s best interests because the father chose not to participate in services and, as a result, cannot provide Z.M. with a safe and permanent home.  II. The mother is not entitled to an extension of time under Iowa Code section 232.104(2)(b) because an extension would not eliminate the need for the children’s removal.  Any bond that exists between the mother and the children is outweighed by the bond the children have formed with their caretaker, who can provide for the children’s best interests.  We affirm the termination of the mother’s parental rights.

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