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In the Interest of M.H., Minor Child
S.H., Father-Appellant
Attorney for Appellant Father
Zachary C. Priebe
Attorney for Appellee State
Lisa Jeanes, Assistant Attorney General
Guardian ad Litem
Magdalena Reese
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (7 pages)
The juvenile court terminated the father’s parental rights to M.H., born in September 2022, pursuant to Iowa Code section 232.116(1)(h) (2023). The father appeals, arguing the State failed to prove the statutory ground because M.H. could be returned at the time of the termination trial or, alternatively, it would have been in M.H.’s best interests to establish a guardianship rather than terminate parental rights. OPINION HOLDS: Because questions regarding the father’s sobriety and his protective capacity persist, the State proved M.H. could not be returned to the father’s custody at the time of the termination trial. On the record before us, we cannot say the juvenile court should have established a guardianship in lieu of terminating the father’s parental rights. We affirm.
