CourtListener 6675334•In the Interest of E.W., Minor Child
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF IOWA
No. 22-0604
Filed July 20, 2022
IN THE INTEREST OF E.W.,
Minor Child,
D.G.-C., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Rachael E. Seymour,
District Associate Judge.
A mother appeals the termination of her parental rights. AFFIRMED.
Felicia M. Bertin Rocha of Bertin Rocha Law, PC, Urbandale, for appellant
mother.
Thomas J. Miller, Attorney General, and Ellen Ramsey-Kacena, Assistant
Attorney General, for appellee State.
Chira Corwin of Corwin Law Firm, Des Moines, attorney and guardian ad
litem for minor child.
Considered by Bower, C.J., and Schumacher and Ahlers, JJ.
2
AHLERS, Judge.
This mother’s rights were terminated as to this child following a termination
hearing she failed to attend. On appeal, the mother contends that the State failed
to prove the statutory grounds for termination under Iowa Code
section 232.116(1)(e), (f), and (g) (2021); that termination was not in the child’s
best interests; and that the permissive exception in Iowa Code
section 232.116(3)(c) should have precluded termination. We do not reach the
merits of any of these arguments, however, because the mother has not preserved
error and has waived her right to challenge termination.
Due to COVID-19, this termination hearing was held by videoconference,
though the parties were given the option of appearing in person. The mother was
served with notice of the termination hearing, was in contact with her attorney via
email in the first minutes of the hearing, and was present in the same location while
the father appeared via videoconference. The mother declined to appear to
provide any testimony. Further, her attorney did not present any evidence to the
court or make argument against termination. Instead, the attorney took no position
on all matters because the mother failed to maintain contact with her attorney. In
similar circumstances, we have determined that error was not preserved:
Despite receiving notice of the termination proceedings, the father
did not appear at the hearing. 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. Even issues
implicating constitutional rights must be presented to and ruled upon
by the district court in order to preserve error for appeal. Because
the father did not present any evidence or lodge any objection
3
alerting the juvenile court to his complaints, he has not preserved
error for our review.[1]
Although it may be framed as a failure to preserve error, the failure to contest
termination may also be properly deemed waiver of the challenge.2
Because the mother failed to preserve error on her challenges to
termination and has also waived them, we do not reach the merits of her
arguments. Nevertheless, we have conducted a de novo review of the record, and
we affirm the decision of the juvenile court.
AFFIRMED.
1 In re M.L.H., No. 16-1216, 2016 WL 4803999, at *1 (Iowa Ct. App. Sept. 14,
2016) (quoting In re D.W., No. 14-0545, 2014 WL 2600358, at *1 (Iowa Ct. App.
Jun. 11, 2014)).
2 M.L.H., 2016 WL 4803999, at *1.
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