Opinion
No. 2-749 / 02-1196
Filed September 25, 2002
Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge.
A father appeals the termination of his parental rights. AFFIRMED.
Alan R. Bohanan, Iowa City, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, J. Patrick White, County Attorney, and Deborah Farmer Minot, Assistant County Attorney, for appellee-State.
Kathryn E. Moreland of Stein, Moreland, Moore Egerton, L.L.P., Iowa City, guardian ad litem for minor child.
Considered by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
A father appeals the termination of his parental rights to his son pursuant to Iowa Code sections 232.116(1)(b), (d), and (g) (Supp. 2001). He contends the district court erred in failing to address his involvement and suitability as a parent at the time of trial, and by not ordering the child be returned to him at the trial's conclusion. We review his claims de novo. See In re K.N., 625 N.W.2d 731, 733 (Iowa 2001).
We find clear and convincing evidence supports termination for abandonment pursuant to section 232.116(1)(b). The child was born in June 2001 and remained hospitalized until his placement with a foster family in August 2001. The father did not respond to the Department of Human Services's August 2001 request for information until April 2002. He has not seen the child since October 2001, although he was offered visits. We find the father's actions establish he has abandoned his child. See In re D.J.R., 454 N.W.2d 838, 842 (Iowa 1990) (finding a parent's failure to exercise visitation and lack of interest in proceedings regarding the child establish abandonment). Because grounds for termination need only be proven under one section, we affirm. See In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct. App. 1995).