In re J.E., 907 N.W.2d 544

J.E., born while father Caleb was incarcerated, came to DHS attention after the mother tested positive for methamphetamine and admitted caring for J.E. while using; DHS removed the child from the mother’s custody.
Caleb was in prison for J.E.’s entire life and provided no financial support or efforts to connect; prison restrictions and Caleb’s misconduct prevented visitation and enrollment in required classes.
DHS filed to terminate parental rights; the juvenile court terminated Caleb’s rights under Iowa Code § 232.116(1)(e) and (h).
Caleb appealed, challenging the statutory “removal” element of paragraph (h), arguing a child never in his physical custody cannot be considered ‘‘removed’’ from him.
The appellate court reviewed de novo, found the statutory removal requirement satisfied where the child was removed from the mother’s custody, and concluded Caleb could not parent from prison and had not met DHS expectations.
The court also held termination was in J.E.’s best interests given uncertainty about Caleb’s release and the child’s need for permanency with foster parents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the removal element of § 232.116(1)(h) is met when a parent was incarcerated and the child was removed from the other parent	State: removal from either parent’s physical custody starts the statutory timeline and supports termination against the other parent	Caleb: child was never in his physical custody due to incarceration, so child could not be “removed” from him	Court held removal satisfied because child’s removal from the mother’s custody triggers the statute as to Caleb
Whether termination is in the child’s best interests and permissive factors weigh against termination	State/juvenile court: child’s need for permanency and foster placement favors termination	Caleb: near-term parole and foster-family placement weigh against termination or justify delay	Court held termination is in the child’s best interests given Caleb’s misconduct, uncertain release, and need for permanency

In re J.B.L., 844 N.W.2d 703 (Iowa Ct. App. 2014) (one statutory ground supports termination on appeal)
In re C.F.-H., 889 N.W.2d 201 (Iowa 2016) (removal analysis where child remained with mother and no removal occurred)
In re M.W., 876 N.W.2d 212 (Iowa 2016) (de novo review standard in termination appeals)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (clear-and-convincing evidence standard explanation)
In re A.B., 815 N.W.2d 764 (Iowa 2012) (parental incarceration and permanency considerations)