In the Interest of A.B. & S.B., Minor Children, S.B., Father, 2012 Iowa Sup. LEXIS 69

This is an Iowa Supreme Court case reviewing a juvenile court termination of Silverio’s parental rights to two children, A.B. (born 2007) and S.B. (born 2004).
The State sought review after the Court of Appeals reversed, concluding the fingernail drug test lacked reliability and interpretation information, undermining termination.
Silverio and Nelda (the mother) had a volatile relationship with prior drug use, domestic violence, and prior termination of another child’s rights against Silverio.
Children came to DHS care in Nov. 2010 due to concerns about Nelda’s housing, illegal drug use, and medical neglect for a younger child; DHS provided services.
By late 2011, Silverio engaged in some positive steps (employment, housing, supervision) but had unresolved substance abuse issues and denial about drug use, evidenced by positive tests and reported incidents.
The juvenile court terminated rights on Jan. 10, 2012, and the Court of Appeals decision was vacated in favor of affirming the termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the fingernail test issue was preserved and properly considered.	Silverio argued the fingernail test results were unreliable and not properly interpretable.	State contends the test was properly admitted and weight belongs to the fact-finder; preservation issues were minimal.	The court held the due process claim was not preserved; the fingernail test could be weighed as evidence.
Whether there was clear and convincing evidence to terminate under 232.116(1)(d).	Silverio contends the evidence failed to show the condition leading to CINA persisted despite services.	State contends ongoing drug issues and deception demonstrated by tests and conduct satisfied the statutory ground.	Yes; termination under 232.116(1)(d) was supported by the record, including fingernail test results.
Whether termination was in the best interests of the children.	Silverio claims continued parental rights could be in the children's best interests due to bond and progress.	State argues the safety, permanency, and stability considerations favor termination.	Termination was in the children's best interests given safety concerns, need for permanency, and lack of reliable parental change.

In re Interest of H.S., 805 N.W.2d 737 (Iowa 2011) (de novo review of termination; weight given to juvenile court findings)
In re Interest of D.W., 791 N.W.2d 703 (Iowa 2010) (scope of grounds for termination and standard of proof)
P.L., 778 N.W.2d 33 (Iowa 2010) (primary consideration in best interests; safety and permanency)
In re Interest of J.K., 495 N.W.2d 108 (Iowa 1993) (unresolved drug addiction supports termination where safety at risk)
State v. Petithory, 702 N.W.2d 854 (Iowa 2005) (drug addiction as hazard to child safety; permanence needed)
Tamm, Inc. v. Pildis, 249 N.W.2d 823 (Iowa 1976) (admissibility of evidence without objection; weight determined by trier of fact)