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IN THE COURT OF APPEALS OF IOWA No. 1-923 / 11-1726 Filed December 7, 2011

IN THE INTEREST OF K.H., Minor Child, K.H., Father, Appellant, A.G., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.

A mother and father separately appeal from the order terminating their parental rights to their son. AFFIRMED AS TO KEVIN; APPEAL DISMISSED AS TO ANGELA.

Mary Baird Krafka of Krafka Law Office, Ottumwa, for appellant father. Sarah L. Wenke of Wenke Law Office, Ottumwa, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Lisa Holl, County Attorney, and Seth J. Harrington, Assistant County Attorney, for appellee State. Robert E. Breckenridge of Breckenridge Law Office, Ottumwa, attorney and guardian ad litem for minor child.

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

2 VOGEL, J. Kevin and Angela separately appeal the termination of their parental rights to K.H., born in February 2005. We dismiss Angela's appeal as she only

advances facts related to Kevin's relationship with K.H. Kevin only asserts that his bond with K.H. should preclude termination. We find K.H.'s need for

permanency overcomes any bond he may have with his father, and affirm the termination of Kevin's parental rights. I. Background Facts and Proceedings The Iowa Department of Human Services (DHS) became involved with this family in October 2009, after an incident of domestic assault between Kevin and Angela.1 DHS was also concerned with Kevin's and Angela's history of abusing alcohol, illegal drugs, and prescription drugs. Kevin and Angela

admitted there were times they were both intoxicated while K.H. was in their care. Both also struggle with mental health issues. K.H. was removed from the home in October 2009, and adjudicated a child in need of assistance (CINA) on December 8, 2009, under Iowa Code section 232.2(6)(c)(2) and (n) (2009). On June 4, 2010, Angela was charged with operating while intoxicated (second offense). On October 4, 2010, Angela was sentenced to 120 days in the Polk County Jail. She was released on January 26, 2011, but sent back to jail

DHS was previously involved with this family for denial of critical care from February 2, 2007, to December 18, 2008. During this time, K.H. lived with two different foster families. Services were deemed successful, and K.H. was returned to Kevin and Angela's care.

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3 approximately two weeks later for violating the terms of her probation. She was sentenced to two years of incarceration. Kevin's visits with K.H. were reduced from twice a week to once a week, due to his lack of attendance at visits and his inability to maintain sobriety. He has been in and out of treatment. Care coordinator Jo Ellen Stewart Martin, stated that she "never received or observed any writt en confirmation that Kevin has successfully completed substance abuse treatment." She also expressed concerns about Kevin's mental health issues, stating that to her knowledge, he had not received any consistent therapy. On October 7, 2011, Kevin's and Angela's parental rights were terminated under Iowa Code section 232.116(1)(f) (child four years of age or older, adjudicated CINA, removed from physical custody of parents at least twelve of last eighteen months, or the last twelve consecutive months and any trial placement less than thirty days, child cannot be returned to parents' custody) (2011). Kevin and Angela separately appeal. II. Standard of Review Our review of termination of parental rights proceedings is de novo. In re D.W., 791 N.W.2d 703, 706 (Iowa 2010). III. Analysis Kevin and Angela do not appeal the grounds for termination under Iowa Code section 232.116(1) or (2), but only argue that termination of their parental rights was not in K.H.'s best interest due to the closeness of the parent-child relationship between Kevin and K.H. Iowa Code

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