E.K., In Interest of, No. 97-0034

CourtCourt of Appeals of Iowa
Writing for the CourtConsidered by HABHAB; HABHAB
Citation568 N.W.2d 829
PartiesIn the Interest of E.K. and L.M., Minor Children, C.H., Father of L.M., Appellant.
Decision Date30 July 1997
Docket NumberNo. 97-0034

Page 829

568 N.W.2d 829
In the Interest of E.K. and L.M., Minor Children,
C.H., Father of L.M., Appellant.
No. 97-0034.
Court of Appeals of Iowa.
July 30, 1997.

Page 830

D. Bradley Kiesey, Washington, for appellant.

Thomas J. Miller, Attorney General, Chris Odell, Assistant Attorney General, Gerald N. Partridge, County Attorney, and Barbara A. Edmonson, Assistant County Attorney, for appellee-State.

Robert G. Schlegel of Day, Meeker, Lamping & Schlegel, Washington, guardian ad litem for minor children.

Considered by HABHAB, C.J., and CADY and VOGEL, JJ.

HABHAB, Chief Judge.

Rose and Charles are the parents of Loretta, who was born on August 4, 1994. Their parental rights were terminated and Charles appealed. Rose does not appeal. We affirm.

Rose and Charles had a relationship in 1993. Rose claimed she had been sexually assaulted by Charles and this incident led to her pregnancy. Charles was sent to jail in Missouri for a parole violation in December 1993. He was aware of Rose's pregnancy at that time. In April 1994, Charles escaped from confinement and stole a car in order to drive to Iowa to see Rose. In May 1994, he was sentenced to prison for five years on a charge of escape and six years on a charge of stealing.

Loretta was born in August 1994. Two weeks after Loretta's birth, Rose brought her to see Charles in prison. This is the only time Charles has seen his daughter.

The Department of Human Services (DHS) became involved with Rose in March 1995 when her other child received an electrical shock after he stuck a knife in a toaster. This incident resulted in a founded report of denial of critical care. In June 1995, Rose received a founded report of denial of critical care of both of her children due to unsafe conditions in her home. The children were placed in foster care in August 1995.

In an adjudicatory order dated September 8, 1995, the juvenile court found Charles' imprisonment resulted in his being unable to provide adequate care for Loretta. The court found she was a child in need of assistance under section 232.2(6)(n) because her father's imprisonment resulted in her not receiving adequate care. The court ordered that Charles should contact DHS upon his release and then cooperate with services, including a psychiatric evaluation, parent skill development, and completion of a home study.

In August 1996, the State filed a petition to terminate Rose and Charles' parental rights to Loretta. At the termination hearing, Charles testified he would like to take custody of Loretta as soon as he is released from prison. He had no possibility of parole until May 1997. The maximum expiration of his sentence is the year 2000.

Charles' mother, Vada, testified she would be willing to care for Loretta until Charles is released. Vada has not had any involvement with Loretta. She claimed she had previously provided foster care in...

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95 practice notes
  • In the Interest of B.B. and a.B. Minor Children, 00-0120
    • United States
    • Court of Appeals of Iowa
    • September 27, 2000
    ...re J.L.W., 570 N.W.2d 778, 780 (Iowa App. 1997). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa App. 1997). Our primary concern is the best interests of the children. In re T.B., 604 N.W.2d 660, 662 (Iowa 2000). II. L.H. as......
  • In the Interest of D.H., No. 4-067/03-2029 (Iowa App. 2/11/2004), No. 4-067/03-2029
    • United States
    • Court of Appeals of Iowa
    • February 11, 2004
    ...In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa Ct. App. A parent has the right to due process and a fair trial when the State seeks to terminate parental rights. In re R.B., 4......
  • Interest of K.W., No. 3-796/03-1438.
    • United States
    • Court of Appeals of Iowa
    • October 29, 2003
    ...offense, we find the lack of services offered to be reasonable. See In re S.J., 620 N.W.2d 522, 525 (Iowa Ct. App. 2000); In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997). We find the State proved the statutory grounds for termination of Justin's parental rights under section 232.116(1)......
  • In re F.K., 21-0901
    • United States
    • Court of Appeals of Iowa
    • October 6, 2021
    ...abuse, housing, and mental health. It is not in the children's best interests to further extend the case. See In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997) ("Children simply cannot wait for responsible parenting."). They need permanency and stability, which can be achieved through te......
  • Request a trial to view additional results
95 cases
  • In the Interest of B.B. and a.B. Minor Children, 00-0120
    • United States
    • Court of Appeals of Iowa
    • September 27, 2000
    ...re J.L.W., 570 N.W.2d 778, 780 (Iowa App. 1997). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa App. 1997). Our primary concern is the best interests of the children. In re T.B., 604 N.W.2d 660, 662 (Iowa 2000). II. L.H. as......
  • In the Interest of D.H., No. 4-067/03-2029 (Iowa App. 2/11/2004), No. 4-067/03-2029
    • United States
    • Court of Appeals of Iowa
    • February 11, 2004
    ...In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa Ct. App. A parent has the right to due process and a fair trial when the State seeks to terminate parental rights. In re R.B., 4......
  • Interest of K.W., No. 3-796/03-1438.
    • United States
    • Court of Appeals of Iowa
    • October 29, 2003
    ...offense, we find the lack of services offered to be reasonable. See In re S.J., 620 N.W.2d 522, 525 (Iowa Ct. App. 2000); In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997). We find the State proved the statutory grounds for termination of Justin's parental rights under section 232.116(1)......
  • In re F.K., 21-0901
    • United States
    • Court of Appeals of Iowa
    • October 6, 2021
    ...abuse, housing, and mental health. It is not in the children's best interests to further extend the case. See In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997) ("Children simply cannot wait for responsible parenting."). They need permanency and stability, which can be achieved through te......
  • Request a trial to view additional results

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