No. 4-458 / 04-0889.Court of Appeals of Iowa.
July 28, 2004.
Appeal from the Iowa District Court for Boone County, Steven J. Oeth, District Associate Judge.
A.G.S. appeals from the termination of his parental rights to S.S. AFFIRMED.
Steven Nalean of Nalean Nalean, Boone, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Jim Robbins, County Attorney, and Courtney Spellman, Assistant County Attorney, for appellee-State.
F. D. Chip Baltimore II of Doran, Anderson Baltimore, P.L.C., Boone, for mother.
John Jordan, Boone, guardian ad litem for minor child.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
PER CURIAM.
I. Background Facts Proceedings
Anthony and Jennifer are the parents of Stephanie, born in December 1999. Stephanie was removed from her parents’ care in February 2002, when allegations arose that Anthony had sexually abused Stephanie’s seven-year-old step-sister. Stephanie was placed in the care of the maternal grandmother. She was adjudicated to be a child in need of assistance pursuant to Iowa Code section 232.2(6)(d) (Supp. 2001) (child likely to be sexually abused).
Anthony had very little contact with Stephanie throughout the course of this case. He was informed there could be no contact with Stephanie until he participated in a psychosocial evaluation, and he did not have the evaluation until April 2003. The evaluation reported that Anthony failed to take any responsibility for himself or his behaviors. When Anthony began attending visitation he was belligerent and angry with social workers and did not interact with Stephanie. Anthony has not participated in any kind of evaluation or treatment for sexual abuse. Anthony did have an incident of unauthorized contact with Stephanie, when he came to the home of the maternal grandmother and pushed her down. He was charged with assault and violating the no-contact order.
In July 2003 the State filed a petition seeking termination of Anthony’s parental rights. Jennifer voluntarily consented to termination of her parental rights. The juvenile court terminated Anthony’s parental rights pursuant to section 232.116(1)(e) (2003) (parent has not maintained significant and meaningful contact with child). The court found Anthony had limited contact with social workers and Stephanie since the case was initiated. Anthony appeals.
II. Standard of Review
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000).
III. Sufficiency of the Evidence
Anthony contends there is insufficient evidence in the record to support the termination of his parental rights. We find termination of Anthony’s parental rights is supported by clear and convincing evidence. Although Anthony knew he could not have visitation with Stephanie until he completed a psychosocial evaluation, he waited a year after the court’s order to have the evaluation. Then, when he did participate in visitation he did not interact with Stephanie, but instead made angry comments to social workers. We find the evidence in the case amply shows Anthony has “not maintained significant and meaningful contact with the child during the previous six consecutive months and [has] made no reasonable efforts to resume care of the child despite being given the opportunity to do so.” See Iowa Code § 232.116(1)(e).
IV. Best Interests
Anthony claims termination of his parental rights is not in Stephanie’s best interests. In our de novo review of the facts in this case, we find termination is in Stephanie’s best interests. We affirm the decision of the juvenile court.
AFFIRMED.