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IN THE COURT OF APPEALS OF IOWA No. 1-925 / 11-1749 Filed December 7, 2011

IN THE INTEREST OF D.A. Jr., Minor Child, D.A. Sr., Father, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.

A father appeals the juvenile court's ruling terminating his parental rights. AFFIRMED.

Lauren M. Phelps and Randall L. McNaughton, Davenport, for appellant father. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Michael J. Walton, County Attorney, and Julie A. Walton, Assistant County Attorney, for appellee State. Dana L. Copell of Law Office of Dana Copell, Davenport, for appellee mother. Patricia A. Rolfstad, Davenport, attorney and guardian ad litem for minor child.

Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.

2 VAITHESWARAN, P.J. A father appeals the termination of his parental rights to his son, born in 2008. He contends (1) one of the statutory grounds cited by the district court does not exist and (2) the district court "failed to adequately consider whether termination of [his] (and also the mother's) rights was in the child's best interests, and completely failed to consider whether the statutory exceptions listed under Iowa Code sections 232.116(3)(c), (d) and (e) [apply]." With respect to the first issue, the State concedes the district court should not have cited Iowa Code section 232.116(1)(f) (2011) as a ground for termination, as that provision requires proof the child is four years old or older, and this child was under four. However, the court cited the comparable provision for children under four, and the father does not challenge that ground for termination. See Iowa Code

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