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IN THE COURT OF APPEALS OF IOWA No. 8-959 / 08-1653 Filed December 17, 2008

IN THE INTEREST OF A.W. and D.W., Minor Children, C.S.W., Father, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.

A father appeals from the order terminating his parental rights. AFFIRMED.

Theresa Seeberger, West Branch, for appellant father. Dennis R. Mathahs, Marengo, for mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Sterling L. Benz, County Attorney, and Jeffrey L. Renander, Assistant County Attorney, for appellee State. Don Schroeder, West Liberty, for minor children.

Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.

2 DOYLE, J. A father appeals from the juvenile court order terminating his parental rights to his children. Upon our de novo review, we affirm. I. Background Facts and Proceedings. C.W. is the father and J.W. is the mother of A.W. and D.W.1 Both parents are low-functioning and have been recipients of the Mental Retardation Waiver.2 C.W. also receives SSI disability benefits. The children were born prematurely in July 2007 and spent two months in the intensive care unit at the University of Iowa Hospitals and Clinics. While the children were hospitalized, they came to the attention of the Iowa Department of Human Services (Department) based upon concerns that J.W. could not safely care for the children. At that time, the children's paternity was unknown. The State then filed a petition asserting the children were children in need of assistance (CINA). Subsequently, J.W. became involved with a private adoption agency, and the State withdrew its petition. When the children were released from the hospital, they were placed with Hillcrest Family Services for preadoptive foster care placement, and J.W. signed over guardianship to Hillcrest Family Services. Thereafter, C.W. was found to be the biological father of the children. C.W. was not agreeable to signing over guardianship, which would have given Hillcrest Family Services the ability to place the children for adoption. The State

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J.W. consented to the termination of her parental rights and has not appealed. The Mental Retardation Waiver pays for services to persons with a primary diagnosis of mental retardation who would otherwise require care in a medical institution.

3 then re-filed its CINA petition, and the children remained in the foster-to-adopt home. In January 2008 the children were adjudicated CINA by stipulation of the parties. C.W. was offered a variety of services, including supervised weekly

visitation with the children and parenting skills development with a care coordinator. C.W. was also referred to community-based programs to support independent living skills and case management within his community. C.W.

minimally participated in the services offered and did not follow-up with the referrals to community-based programs. The State filed a petition to terminate the parents' parental rights on July 18, 2008. On September 8, 2008, J.W. voluntarily terminated her parental rights. Following a contested termination hearing regarding C.W.'s parental

rights, the juvenile court in an order filed October 6, 2008, terminated C.W.'s parental rights to the children pursuant to sections Iowa Code sections 232.116(1)(h) (2007) (child is three or younger, child CINA, removed from home for six of last twelve months, and child cannot be returned home) and 232.117. C.W. appeals. II. Scope and Standards of Review. We review termination proceedings de novo. In re R.E.K.F., 698 N.W.2d 147, 149 (Iowa 2005). Although we give weight to the juvenile court's findings of fact, we are not bound by them. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001). The grounds for termination must be supported by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000). We are primarily

concerned with the children's best interests in termination proceedings. In re

4 J.L.W., 570 N.W.2d 778, 780 (Iowa Ct. App. 1997). Even when the statutory grounds for termination are met, the decision to terminate parental rights must reflect the children's best interests. In re M.S., 519 N.W.2d 398, 400 (Iowa

1994). When we consider the children's best interests, we look to their longrange as well as immediate best interests. In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). III. Discussion. A. Statutory Grounds. C.W. first contends the State failed to prove the statutory grounds for termination of his parental rights under Iowa Code section 232.116(1)(h)(4). Specifically, C.W. asserts the State failed to prove by clear and convincing evidence that the children could not be returned to the father's custody because the father has not committed any prior acts of harm to the children and the father enjoys and cares for the children during his visits. For the reasons that follow, we disagree. The record reveals that weekly visitation and parenting skills training were provided to C.W. during the pendency of this case. Although it is true that C.W. has never harmed the children, C.W. has always had either his mother or his fianc

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