In the Interest of A.W., Minor Child, L.C., Mother, 17-0338

Mother L.C. is the biological mother of six children; parental rights to five older children were previously terminated (most notably an infant in 2008 who tested positive for multiple controlled substances).
A.W. was born September 2016 and tested positive for methamphetamine at birth; hair testing later confirmed methamphetamine exposure.
The Department removed A.W.; the mother had a long history of unstable housing, exposure to adults who used/sold drugs, and inconsistent participation in offered services (including discharge from substance-abuse treatment for noncompliance).
The juvenile court previously terminated the mother’s rights to four other children in March 2016 after finding continued instability and failure to remedy conditions.
At the February 2017 dispositional hearing, the State sought waiver of the requirement that DHS make "reasonable efforts" to reunify under Iowa Code § 232.102(12), citing aggravated circumstances; the juvenile court found aggravating circumstances under paragraphs (a) (abandonment) and (c) (prior terminations and likely inability of services to correct conditions) and ordered the State to file for termination.
The mother appealed the waiver ruling; the Court of Appeals reviewed de novo and affirmed the juvenile court’s finding that aggravated circumstances existed (relying on paragraph (c)).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether aggravated circumstances exist under § 232.102(12)(a) (abandonment) to waive reasonable efforts	Mother contended she loved A.W., had made some progress, and could improve with more time and services	State and GAL argued mother repeatedly failed to comply with services, missed visits, and had a history of leaving children exposed to drugs and unsafe environments	Court found evidence supporting aggravated circumstances; juvenile court had found abandonment, but appellate decision rests on (c) so waiver sustained
Whether aggravated circumstances exist under § 232.102(12)(c) (prior terminations and services unlikely to correct conditions) to waive reasonable efforts	Mother argued recent partial care of A.W. showed potential for reunification and progress was possible	State argued prior terminations, chronic instability, positive drug tests in infant, and long history of failed services show conditions unlikely to be corrected within a reasonable time	Court affirmed: aggravating circumstances exist under (c); record shows mother’s history and lack of remedial progress make reasonable-efforts requirement waivable

Quilloin v. Walcott, 434 U.S. 246 (1978) (parental rights are constitutionally protected)
Wisconsin v. Yoder, 406 U.S. 205 (1972) (freedom of family choice is a fundamental liberty interest)
Santosky v. Kramer, 455 U.S. 745 (1982) (standard for termination of parental rights and due process protections)
In re A.M., 856 N.W.2d 365 (Iowa 2014) (discussing state duty to protect children and chapter 232 construction)
In re N.M., 491 N.W.2d 153 (Iowa 1992) (presumption that custody with natural parents serves best interests)
In re C.B., 611 N.W.2d 489 (Iowa 2000) (reasonable-efforts requirement and when waiver may apply)