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Case No. 18-1167

For summaries from opinions prior to August, 2018, view PDF versions here

In the Interest of E.C., Minor Child

E.M., Father-Appellant

Attorney for Appellant Father

Gina C. Badding

Attorney for Appellee State

Anagha Dixit, Assistant Attorney General

Guardian ad litem

Karen L. Mailander

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Cass County, Amy L. Zacharias, District Associate Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (13 pages)

            The father appeals the termination of his parental rights to his child, E.C.  The juvenile court terminated the father’s parental rights pursuant to Iowa Code section 232.116(1)(d), (h), and (i) (2018).  The father challenges the statutory grounds, maintains termination is not in E.C.’s best interests, and argues a permissive factor weighs against termination.  He asks us to reverse the termination and return E.C. to his care but argues in the alternative that the juvenile court should have given him an extension of time to work toward reunification.  OPINION HOLDS: Upon our de novo review of the record, there is not clear and convincing evidence to support any of the statutory grounds for termination.  We reverse the juvenile court’s termination of the father’s parental rights to E.C. and remand for dismissal of the termination petition as to the father.

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