Opinion
No. 2-751 / 02-1231
Filed September 25, 2002
Appeal from the Iowa District Court for Webster County, James McGlynn, Associate Juvenile Judge.
A father appeals the termination of his parental rights contending he received inadequate notice of the termination proceedings. AFFIRMED.
Monte Fisher, Fort Dodge, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Stephen Lickiss, Assistant County Attorney, for appellee-State.
James McCarthy, Fort Dodge, guardian ad litem for minor child.
Considered by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
Douglas, father of Austin, appeals a juvenile court order terminating his parental rights. He contends his notice of the termination hearing was inadequate.
The State contends this issue was not preserved for review. We disagree and proceed to the merits.
Iowa Code section 232.112(1) (2001) entitles a parent to receive "notice and an opportunity to be heard." Douglas initially received notice of the termination action via publication. Later, the court learned that Douglas was living in Kentucky. He was personally served with the petition at the Kentucky address that he had earlier disclosed to the State. More than two months before the termination hearing, the court sent him an "order scheduling hearing" for August 2, 2002. Hearing was held on that day. Douglas did not appear and the juvenile court entered an order terminating his parental rights to Austin.
On August 5, 2002, Douglas's attorney received a call from him. Douglas told his attorney he thought the termination hearing was scheduled for that day and he wished to contest the petition. The attorney immediately moved to set aside the termination order. The court denied the motion after concluding Douglas "was given due and timely notice." The court further declined to set aside the termination order for good cause, stating, "this is simply an attempt to delay and prolong the matter even further, all to the detriment of his child."
We agree with the court that Douglas received adequate and timely notice of the termination hearing. Accordingly, we affirm.