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Case No. 22-1965

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

In the Interest of K.K., Minor Child

G.K., Father-Appellant

Attorney for Appellant Father

Alexander S. Momany

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Julie Gunderson Trachta

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1965
Date Published:
Feb 08, 2023
Summary

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (14 pages)

            A father appeals the termination of his parental rights to his child, K.K., asserting the juvenile court minimized his efforts toward reunification and erred in concluding termination was in the child’s best interests.  He contends the child was removed due to the mother’s behavior—not his, and argues the court should have either returned the child to his care immediately or granted him additional time to achieve reunification.  In addition, the father contends his bond with the child should have been recognized as an exception to termination.  OPINION HOLDS: We conclude there is clear and convincing evidence the child cannot be returned to the father’s care without risk of adjudicatory harm, termination and adoption are in the child’s best interests, and the father did not meet his burden to establish an exception to termination under Iowa Code section 232.116(3) (2022).  We thus affirm.

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