In the Interest of B.G. and A.G., Minor Children, C.S., Mother
16-0855
| Iowa Ct. App. | Aug 17, 2016Background
- Two children (B.G., age 8; A.G., age 3) were removed from the mother’s care in July–August 2014 after DHS learned of ongoing domestic violence between the parents and the mother’s homelessness.
- The juvenile court adjudicated both children CINA and placed them in foster care; both remained out of the mother’s care through the termination hearing.
- The State petitioned to terminate parental rights; the juvenile court terminated the mother’s rights to B.G. and A.G. in May 2016 under multiple subsections of Iowa Code chapter 232.
- The juvenile court found the mother was inconsistent with visitation, refused many housing referrals, and remained entangled with the children’s father despite admissions he assaulted her.
- The court concluded the mother’s ongoing relationship with the father posed an ongoing risk to the children and that the children were adoptable and needed permanency.
Issues
| Issue | Mother’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether termination was in the children’s best interests | Mother: Termination would harm children; they are bonded to her and need stability with relatives or more time | State: Children need safety and permanency; mother remained enmeshed with father and lacked stable housing/employment | Court: Termination is in children’s best interests (safety and need for a permanent home) |
| Whether statutory factors weigh against termination (Iowa Code §232.116(2),(3)) | Mother: Bonds to mother, potential relative adoption, or guardianship support denying termination or granting more time | State: Children have been out of mother’s care long enough; bonds not strong; children are in foster care and adoptable | Court: No statutory factor outweighed termination; termination affirmed |
Key Cases Cited
- In re M.W., 876 N.W.2d 212 (Iowa 2016) (standard of review and three-step termination analysis)
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (child’s safety and need for a permanent home are defining elements of best interest)
- In re J.E., 723 N.W.2d 793 (Iowa 2006) (discussion of permanence and best-interest considerations)