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Case No. 20-0664

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

In the Interest of M.E., Minor Child

J.M., Father-Appellant

Attorney for Appellant Father

Marshall W. Orsini

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Erin Mayfield

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0664
Date Published:
Jun 17, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            The father appeals the termination of his parental rights to his child, M.E., born in 2016.  He challenges the statutory ground for termination pursuant to Iowa Code section 232.116(1)(b) (2019).  Additionally, as an incarcerated parent who was unable to participate by telephone on the first day of the termination hearing, the father challenges the process that was afforded him regarding the day he was unable to participate.  OPINION HOLDS: We cannot find a due process violation here.  Our record is silent as to facts underlying the complaint the father now makes, and the father never raised this issue with the juvenile court.  We affirm the termination of the father’s parental rights under paragraph (h) of section 232.116(1). 

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