In the Interest of A.K. and M.K., Minor Children
22-0148
Iowa Ct. App.Apr 13, 2022Background:
- Mother appealed termination of her parental rights to two daughters (ages six and eight); juvenile court terminated under Iowa Code § 232.116(1)(f).
- Children were removed in June 2020 due to parental methamphetamine use and the father’s domestic violence; children placed with a foster family.
- Mother participated in mental-health and substance-abuse counseling and maintained supervised visits but never progressed to unsupervised parenting or reunification.
- Despite some stability (housing, license, education enrollment), the mother continued to test positive for methamphetamine (Dec. 2020, Apr. 2021, Jun. 2021), provided an invalid specimen, and the court questioned her credibility about sobriety.
- Foster family reported marked improvement in the children’s physical, mental, educational, and disciplinary needs and expressed interest in adoption; children miss their mother but also want to stay with the foster family.
- Juvenile court found termination in the children’s best interests and denied a six-month extension; the appellate court affirmed.
Issues:
| Issue | Mother's Argument | State's Argument | Held |
|---|---|---|---|
| Whether termination is in the children’s best interests | Termination is not in the children’s best interests; mother has housing, engages in services, and has a bond with the children | Mother has not resolved substance-abuse problems, continued positive tests, lacks insight, and children are thriving in foster care | Affirmed: termination is in the children’s best interests due to unresolved substance abuse, slow progress, and credibility concerns |
| Whether a six-month extension under Iowa Code § 232.104(2)(b) should be granted | Additional six months would allow mother to complete treatment and achieve reunification | No specific, reliable basis to believe removal need would end in six months given treatment history and ongoing positive tests | Affirmed denial: no realistic prospect children could be safely returned within six months |
Key Cases Cited
- In re W.T., 967 N.W.2d 315 (Iowa 2021) (de novo review of termination and discussion of statutory best-interest considerations)
- In re W.M., 957 N.W.2d 305 (Iowa 2021) (parent’s past performance is predictive of future parenting capacity)
- In re L.H., 949 N.W.2d 268 (Iowa Ct. App. 2020) (treatment history and sustained sobriety are critical in assessing likelihood of reunification)