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Case No. 22-1173

In the Interest of L.F., Minor Child

K.A., Father-Appellant

A.D., Mother-Appellant

Attorney for Appellant Father

Barbara J. Westphal

Attorney for Appellant Mother

Cameron M. Sprecher

Attorney for Appellee State

Ellen Ramsey-Kacena, and Chandlor Collins, Assistant Attorneys General

Guardian ad Litem

Carrie Rodriguez

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1173
Date Published:
Sep 21, 2022
Summary

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON POTENTIAL FATHER’S APPEAL.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (9 pages)

            The mother and the potential biological father, K.A., appeal the termination of their parental rights to L.F., who was born in late 2021.  OPINION HOLDS: Because we cannot say the mother will be able to parent L.F. if given an additional six months and termination of her rights is in the child’s best interests, we affirm the termination of the mother’s parental rights.  However, the failure of the Iowa Department of Human Services to comply with a court order to paternity test K.A., combined with the department’s failure to provide him any other family centered services (except the offer of visits) constitutes a failure to make reasonable efforts.  We reverse the termination of K.A.’s possible parental rights and remand for paternity testing and, if he is confirmed as L.F.’s biological father, additional services.

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