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IN THE COURT OF APPEALS OF IOWA No. 0-865 / 10-1697 Filed December 22, 2010 IN THE INTEREST OF A.H., K.H., and J.H., Minor Children, S.P., Mother, Appellant, T.C.H., Father, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Louise Jacobs, District Associate Judge.

A mother and father separately appeal the termination of parental rights to their children. AFFIRMED.

John C. Heincke of Kragnes & Associates, P.C., Des Moines, for appellant mother. Erin M. Carr of Carr & Wright, P.L.C., Des Moines, for appellant father. Thomas J. Miller, Attorney General, Janet L. Hoffman, Assistant Attorney General, John P. Sarcone, County Attorney, and Christine Gonzalez, Assistant County Attorney, for appellee. Michelle R. Saveraid, Des Moines, attorney and guardian ad litem for minor children. Considered by Mansfield, P.J., and Danilson and Tabor, JJ.

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TABOR, J. A mother and father separately appeal the termination of parental rights to their three daughters: eleven-year-old J.H., nine-year-old K.H., and six-year-old A.H. Both parents allege the State fell short of proving the statutory grounds for termination and both allege severing the parental bonds is not in the best interests of the girls. Because the factual record does not support the position of the parents, we affirm the juvenile court order terminating the parental rights of both the mother and father. I. Background Facts and Proceedings This family started receiving services through the Department of Human Services (DHS) in April 2008 after the father, T.H., and another man barged into the home occupied by the mother, S.P., and the three girls. One of the intruders discharged a gun. The juvenile court ordered the children removed from their parents' custody in December 2008 based on the mother's abuse of methamphetamine, her exposure of the children to other drug users, and the father's incarceration in the Polk County jail. Both parents have a history of substance abuse dating back to their early teenage years. The mother admitted using, at various times, marijuana, LSD, cocaine, and methamphetamine. Methamphetamine has been her recent drug of choice. Despite being in and out of treatment, she has not been able to The mother admitted using

overcome her addiction to methamphetamine.

methamphetamine within ten days of the termination hearing. At the time of the hearing she recently had moved into House of Mercy, a transitional housing and

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counseling center for women with addictions. The mother did not visit, call, or write to her daughters during the year leading up to the termination proceedings. In addition to his own problems with substance abuse, the father has engaged in a pattern of controlling and assaultive behavior toward both S.P. and his new wife, Desiree. The father experienced some success in substance

abuse treatment and regained custody of the children from November 12, 2009, through June 10, 2010. But the father relapsed by consuming alcohol on St. Patrick's Day of 2010 and struck Desiree in the face on their way home from drinking at the bars. Desiree moved out of the house and obtained a no-contact order against T.H. Without Desiree's help, the father was unable to juggle the challenges of caring for the children, holding down a job, and dealing with his substance abuse issues. He often locked himself in the basement and provided little supervision for the girls. Despite the no-contact order, Desiree and T.H. tried to reconcile; the girls reported that Desiree's visits often turned into arguments and physical altercations with T.H. The children reported on one occasion that their father held a knife to his throat and threatened to kill himself and Desiree. On June 7, 2010, police arrested T.H.--who had a blood alcohol level of .077--for a hit-andrun collision. On June 10, 2010, the juvenile court removed the children from their father's care and placed them with a maternal aunt, who is a licensed foster parent. The DHS worker reported that the girls are doing "wonderfully" in this placement and the foster parents have expressed a desire to adopt them.

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On July 10, 2010, authorities arrested T.H. for burglary in the third degree and harassment in the first degree. He testified at the termination hearing that he faced an indeterminate five-year prison term. On July 21, 2010, the State filed a petition seeking to terminate the parental rights of S.P. and T.H. The petition alleged that termination was proper for both parents under Iowa Code sections 232.116(1)(b), (d), (f) and ( l) (2009). The petition also asserted the court should terminate the mother's rights under section 232.116(1)(e). The juvenile court heard evidence on September 23,

2010. On October 1, 2010, the court entered an order terminating the rights of both parents on all grounds alleged in the petition. The parents have filed separate appeals from the termination order. The State defends the grounds for termination with one exception; the State acknowledges on appeal that the children were not out of the father's custody for twelve of the past eighteen months as required by section 232.116(1)(f). II. Standard of Review We engage in a de novo review of termination cases. In re P.L., 778 N.W.2d 33, 40 (Iowa 2010). While we give weight to the factual determinations of the juvenile court, we are not bound by them. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006). In any decision whether to terminate parental rights, our primary concern is the best interests of the children. Id. The State must prove grounds for termination under section 232.116(1) by clear and convincing evidence. Id.

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III.

Analysis A. The evidence supported termination of the father's parental

rights. The father claims he did not abandon or desert his daughters within the meaning of section 232.116(1)(b). In its October 1, 2010 termination decision, the juvenile court delivered a frank assessment of the father's conduct: [T.H.] has not visited, spoken with, or written the children since at least his arrest in July 2010. By his actions, he has relinquished his parental responsibilities and privileges. His need to control and to attempt to force a change in Desiree's (his wife) decisions resulted in his violation of an NCO and his harassment charge/conviction. When he acted as he did, he ignored his children's needs; he failed to give them any priority. His actions have put him in the situation wherein he is facing a 5 year prison sentence, and demonstrate a lack of intent to carry out his parental responsibilities. The court may order termination when it finds clear and convincing evidence that the children have been "abandoned or deserted." Iowa Code

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