Categories: Iowa Court Opinions

IN INTEREST OF P.S., 803 N.W.2d 673 (Iowa App. 2011)

IN THE INTEREST OF P.S. and E.S., Minor Children, C.S., Father, Appellant.

No. 1-559 / 11-0516.Court of Appeals of Iowa.
Filed July 13, 2011.

Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.

A father appeals the termination of his parental rights to his two children. AFFIRMED.

Robert B. Brock II of Law Office of Robert B. Brock II, P.C., Le Mars, for appellant father.

Dewey P. Sloan, Jr. of Law Office of Dewey P. Sloan, Jr., P.C., Le Mars, for appellant father.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Darin J. Raymond, County Attorney, and Amy Oetken, Assistant County Attorney, for appellee State.

Missy J. Clabaugh of Jacobsma Clabaugh, P.L.C., Sioux Center, for appellee mother.

Michael P. Murphy of Murphy, Collins Bixenman, P.L.C., Le Mars, attorney and guardian ad litem for minor children.

Considered by EISENHAUER, P.J., and POTTERFIELD and TABOR, JJ.

POTTERFIELD, J.

The father appeals the termination of his parental rights to his two children, P.S. and E.S., pursuant to Iowa Code section 232.116(1)(d)(2011) (authorizing termination of parental rights if court finds (1) the child was previously adjudicated a child in need of assistance after finding the child physically or sexually abused or neglected as a result of the acts or omissions of one or both parents, and (2) the parents have been offered services and circumstances remain). On appeal, the father contends the statutory grounds for termination have not been met.

Despite receiving notice of the termination proceedings, the father did not appear at the hearing.[1] The father did not object to the evidence presented, offer evidence, or raise any issue before the district court. As a general rule, an issue not presented in the juvenile court may not be raised for the first time on appeal. In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994). “Even issues implicating constitutional rights must be presented to and ruled upon by the district court in order to preserve error for appeal.”In re K.C., 660 N.W.2d 29, 38 (Iowa 2003). Because the father did not present any evidence or lodge any objection alerting the juvenile court to his complaints, he has not preserved error for our review.

AFFIRMED.

[1] The father was represented by counsel. The father’s motion for continuance was denied. On appeal, he does not argue the court erred in denying the motion to continue.

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