IN RE S.K., 705 N.W.2d 108 (Iowa App. 2005)

IN THE INTEREST OF S.K., Minor Child, A.K., Mother, Appellant.

No. 5-466 / 05-0616Court of Appeals of Iowa.
Filed July 13, 2005

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Iowa District Court for Sioux County, Brian L. Michaelson, Associate Juvenile Judge.

A.K. appeals an order terminating her parental rights.AFFIRMED.

James H. Pickner, Hawarden, for appellant-mother.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Melissa O’Rourke, County Attorney, and Coleman J. McAllister, Assistant County Attorney, for appellee-State.

David A. Stuart, Beresord, South Dakota, for the father.

Patricia Vogel, Orange City, guardian ad litem for the child.

Considered by Mahan, P.J., and Zimmer and Vaitheswaran, JJ.

VAITHESWARAN, J.

Angela appeals the termination of her parental rights to S.K., born in 2003. At the time of the termination hearing, Angela was incarcerated at the Iowa Correctional Facility for Women in Mitchellville. On appeal, her sole contention is that the juvenile court violated her due process rights by denying her “application for order for transfer and transportation of mother.”[1]

Our court has addressed this issue. See In re J.S., 470 N.W.2d 48, 51 (Iowa Ct.App. 1991). In that opinion, we rejected a father’s contention that “he was denied due process when the juvenile court overruled his motion to be transported to the termination hearing.” The juvenile court relied on this opinion in denying Angela’s application. We see no reason to deviate from our holding or reasoning in that case.

As a factual matter, we note that Angela was afforded the opportunity to participate in the termination hearing by telephone. After conferring with counsel, she declined to do so. She also did not request to be examined by deposition as authorized by Iowa Code section 622.82 (2003). We conclude Angela received notice and an opportunity to be heard, as guaranteed by the Due Process Clauses of our federal and state Constitutions.

Finding no violation of Angela’s due process rights, we affirm the juvenile court’s denial of Angela’s application for transport as well as the court’s order terminating her parental rights.

AFFIRMED.

[1] Angela’s attorney argued the issue under both the United States and Iowa Constitutions but he has not suggested that our analysis would differ under either.