In the Interest of A.W., Minor Child
B.M., Father-Appellant
J.W., Mother-Appellant
Attorney for Appellant Father
Roberta J. Megel
Attorney for Appellant Mother
Norman L. Springer
Attorney for Appellee State
Lisa Jeanes, Assistant Attorney General
Guardian ad Litem
Mandy L. Whiddon
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Ahlers, J. (7 pages)
A mother and father separately appeal the termination of their respective parental rights. The mother argues the juvenile court should have applied the higher burden of proof under the Indian Child Welfare Act (ICWA) and challenges two of the three statutory grounds authorizing termination of her rights. The father challenges the statutory grounds authorizing termination, including reasonable efforts; whether termination is in the child’s best interests; and points to the parent-child bond as a basis to not terminate. OPINION HOLDS: As to the mother’s claims, ICWA does not apply to this case because the child does not meet the definition of an “Indian child,” and we affirm under the unchallenged statutory ground authorizing termination. As to the father’s claims, the child could not be safely returned to the father’s custody at the time of the termination hearing, satisfying a statutory ground for termination. The father waived any reasonable-efforts challenge. Termination of the father’s rights is in the child’s best interests, and the father did not establish a bond with the child strong enough to preclude termination.
