In re Interest of C.F.-H.

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The Department of Human Services filed a petition to terminate Father’s parental rights to his minor child. After a hearing, the district court terminated Father’s parental rights under Iowa Code 232.116(1)(e) and (f). Under section 232.116(1)(e) and (f), a child must be “removed from the physical care” of his parents for at least twelve of the last eighteen months to establish a necessary element for termination of parental rights. Father appealed, alleging, primarily, that physical custody of the child had never been “removed” from him because he at no time had actual physical custody of the child. Therefore, Father argued, the district court erred in granting termination of his parental rights under the statute. The Supreme Court reversed, holding that mere lack of physical custody is insufficient to satisfy the statutory requirement of “removal of physical custody.” View "In re Interest of C.F.-H." on Justia Law