In the Interest of H.V., Minor Child, 21-0644

Child born in 2014; child tested positive for marijuana at birth and was exposed to domestic violence in the home. Father assaulted the mother while she was holding the child; mother previously tested positive for amphetamines/methamphetamine.
A prior termination of the mother’s parental rights was reversed by this court because the State’s proof was insufficient on the first petition.
On remand DHS attempted to engage the mother: scheduled drug screens and home visits, offered services and therapy; the mother repeatedly declined participation unless services were court-ordered and missed a scheduled drug test.
DHS reported no evidence the mother had demonstrated sobriety or addressed violent relationships; therapists continued treating mother and child, and the child exhibited trauma symptoms tied to prior visitation.
The State filed a second petition; the district court terminated under Iowa Code §232.116(1)(f) (child cannot be returned); mother appealed arguing DHS should have sought court-ordered drug testing and thus failed to make reasonable reunification efforts.
On de novo review the court concluded DHS made reasonable efforts to reunify and affirmed termination of parental rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DHS failed to make reasonable efforts by not seeking court-ordered drug tests	Mother: DHS should have requested judicially-ordered drug testing to ensure accountability/documentation	DHS/State: DHS repeatedly offered testing and services; mother refused participation and declined services unless court-ordered	Held: DHS satisfied reasonable-efforts obligation; mother’s refusal to engage undermined her claim
Whether child could be returned safely and termination under §232.116(1)(f) was proper	Mother: Contends lack of court-ordered testing undermines finding child could not be returned	State: Mother did not demonstrate sobriety or safety; continued risky relationships and refused services/visits	Held: Court affirmed termination — insufficient proof mother could safely parent and reunification not appropriate

In re C.B., 611 N.W.2d 489 (Iowa 2000) (reasonable-efforts requirement is part of State’s proof that a child cannot be returned)
In re L.T., 924 N.W.2d 521 (Iowa 2019) (reasonable efforts include timely steps to finalize permanency when return is inappropriate)