In the Interest of I.W. and R.W., Minor Children, J.W., Mother
This text of In the Interest of I.W. and R.W., Minor Children, J.W., Mother (In the Interest of I.W. and R.W., Minor Children, J.W., Mother) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF APPEALS OF IOWA
No. 16-0229 Filed April 6, 2016
IN THE INTEREST OF I.W. AND R.W., Minor Children,
J.W., Mother, Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Cerro Gordo County, Annette L.
Boehlje, District Associate Judge.
The mother appeals from an order terminating her parental rights in her
two children. AFFIRMED.
Jane M. Wright, Forest City, for appellant mother.
Thomas J. Miller, Attorney General, and Janet L. Hoffman, Assistant
Attorney General, for appellee State.
Crystal Ely of North Iowa Youth Law Center, Mason City, for minor
children.
Considered by Tabor, P.J., and Bower and McDonald, JJ. 2
MCDONALD, Judge.
In December 2015, the mother was convicted of federal drug and firearm
offenses and sentenced to 180 months’ incarceration with a tentative release
date of 2031. In January 2016, the juvenile court terminated the mother’s
parental rights in her two children, I.W. and R.W. The record reflects the children
had been removed from the mother’s care for almost one year prior to the
termination of her rights.
On appeal, the mother does not challenge the termination of her parental
rights. Instead, she contends the court should have ordered placement with a
relative rather than a non-relative. At the time of the termination hearing, the
mother was incarcerated and she refused to participate telephonically despite
being given the opportunity to do so. The mother’s attorney did not raise the
issue regarding relative placement. We conclude error is not preserved. See In
re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994) (“As a general rule, an
issue not presented in the juvenile court may not be raised for the first time on
appeal.”). Even if error had been preserved, the issue is without merit. As noted
by the district court, the department of human services pursued relative
placement. The mother’s relatives either refused placement or were found to be
not appropriate placements.
On de novo review, we affirm the order terminating the mother’s parental
rights.
AFFIRMED.
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