In The Interest Of D.W., Minor Child, A.M.W., Mother
2010 Iowa Sup. LEXIS 131
| Iowa | 2010Background
- D.W. was born June 26, 2009 to A.W., who was 22 at birth.
- DHS determined risk of neglect/abuse due to A.W.’s DHS history with two prior CINA terminations.
- D.W. removed in Aug. 2009 after A.W. left him with an intoxicated father post- domestic dispute.
- D.W. adjudicated CINA; placed with a foster home from the time of removal; A.W. had supervised visits.
- Service providers noted A.W. struggled with long-term planning, safety evaluations, and applying services to parenting; low IQ cited.
- In March 2010 the juvenile court approved DHS’s permanency plan for adoption; April 2010 termination petition filed; July 2010 termination order entered; Court of Appeals reversed; State sought further review; Supreme Court vacates Court of Appeals and affirms juvenile court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Grounds for termination under 232.116(1)(d) and (h) | State argues grounds established by ongoing risk and inability to safely parent. | A.W. contends grounds not proven by clear and convincing evidence; needs not show irreparable harm. | Grounds exist under 232.116(1)(d) and (1)(h). |
| Best-interests framework under 232.116(2) | State asserts child safety and stable placement favor termination. | A.W. argues non-termination could better serve bond and potential future contact. | 12 Court finds best interests support termination given D.W.’s stability with preadoptive foster home and A.W.’s ongoing deficiencies. |
| Exceptions to termination under 232.116(3) | State contends no exception precludes termination due to child’s needs. | A.W. argues exception for closeness of parent-child relationship could protect against termination. | No exception prevents termination; termination not detrimental given child’s needs and stable foster placement. |
Key Cases Cited
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (de novo standard; grounds and best interests analyzed together)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (parental rights termination framework; focus on best interests)
- In re D.W., 385 N.W.2d 570 (Iowa 1986) (parents’ mental state and stability weighed against child needs)
- In re Kester, 228 N.W.2d 107 (Iowa 1975) (child welfare balancing; safety and permanency importance)
- In re L.L., 459 N.W.2d 489 (Iowa 1990) (children cannot wait for irresponsible parenting; permanency priority)
- State ex rel. Leas, 303 N.W.2d 414 (Iowa 1981) (mental disability as contributing factor, not sole basis for termination)
- In re Wardle, 207 N.W.2d 554 (Iowa 1973) (mental disability impact on parenting duties)