In the Interest of E.V.-C., Minor Child
L.V., Father-Appellant
Attorney for Appellant Father
Alexandria Celli Smith
Attorney for Appellee State
Mackenzie Moran, Assistant Attorney General
Guardian ad Litem
Lisa Mazurek
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buena Vista County, Kristal L. Phillips, Judge. AFFIRMED. Considered by Chicchelly, P.J., and Buller and Langholz, JJ. Sandy, J., takes no part. Per Curiam. Special concurrence by Langholz, J. (14 pages).
A father appeals the termination of his parental rights. OPINION HOLDS: The father raises several issues on appeal, but we reach the merits on only two—the statutory grounds for termination and whether termination is in the son’s best interest. On those claims, we find clear and convincing evidence supported terminating the father’s rights under Iowa Code section 232.116(1)(h) (2024) and the son is best served by termination. Because the father has waived or not preserved the other issues, including his claim of ineffective assistance of counsel, we do not consider their merits. SPECIAL CONCURRENCE ASSERTS: I join all the majority’s opinion except for its holding that the father waived his ineffective-assistance-of-counsel claim. Because this is an expedited chapter 232 appeal without normal briefing, I would hold that that the father’s argument in his petition on appeal sufficiently presented this issue for our consideration. And seeing no other barrier to reaching the merits, I would hold that the claim fails because the father cannot show any prejudice.
