In the Interest of R.B., 2013 Iowa App. LEXIS 311

Father appeals termination of parental rights to his three youngest children (born 2008, 2010, 2011).
Children removed from his care in February 2012 due to allegations that the three oldest endured long-term sexual and physical abuse; youngest placed in foster care; father ceased contact.
Father fled; charged with sexual abuse; apprehended in Chicago and returned to Iowa; at termination hearings in November 2012 he was jailed awaiting trial.
On the eve of the first termination hearing, he moved to continue on Fifth Amendment self-incrimination grounds and for failure to notify his mother under Iowa Code 232.84(2).
Juvenile court denied the motion to continue; termination of rights under Iowa Code sections 232.116(1)(e) and (1)(h) followed; appeal contested only continuance and notice issues.
Court affirms termination; holds no Fifth Amendment violation and no reversible error for failure to notify mother; remedy for notice failure not reversal; continuance denied for lack of good cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of the continuance violated the Fifth Amendment.	Father argues denial forced a choice between testifying and risking criminal prejudice.	State contends no constitutional compulsion and the record shows exculpatory evidence beyond the father's silence.	No Fifth Amendment violation; denial not abuse of discretion on non-constitutional grounds.
Whether the department's failure to notify the paternal grandmother under Iowa Code 232.84(2) requires reversal.	Father contends notice to his mother was required by statute.	State argues department's due diligence can be limited by lack of cooperation from father.	No reversal; no good cause shown for belated continuance; no injustice established.

In re C.W., 554 N.W.2d 279 (Iowa Ct.App.1996) (continuance standard; abuse of discretion standard of review)
In re C.H., 652 N.W.2d 144 (Iowa 2002) (Fifth Amendment rights in social services context; no compulsion by state)
In re N.N.E., 752 N.W.2d 1 (Iowa 2008) (de novo review when constitutional rights implicated)
State v. Kluesner, 389 N.W.2d 370 (Iowa 1986) (statutory ambiguity; interpretive approach to due diligence notices)
Fjords North, Inc. v. Hahn, 710 N.W.2d 731 (Iowa 2006) (immediate preceding antecedent rule in statutory construction)
In re S.P., 672 N.W.2d 842 (Iowa 2003) (diligence in parental notification standard)
In re C.B., 611 N.W.2d 489 (Iowa 2000) (reasonable efforts toward reunification; interplay with parent participation)