In the Interest of I.K. and A.B., Minor Children, 21-1529

Children I.K. and A.B. came to DHS attention after I.K. was found wandering (Jan 10, 2019) and later both children were found home alone in unsanitary conditions (June 2019); they were removed and placed with maternal grandparents.
The juvenile court terminated the mother J.K.’s parental rights under Iowa Code § 232.116(1)(d), (e), and (f); the mother appealed; appellate review de novo.
The grandparents have cared for the children for about two years, the children are comfortable there, and the grandparents are willing to adopt.
The mother’s engagement was limited: infrequent visits focused on braiding or laundry, little parenting interaction, declined therapy, and showed risky judgment (dating an assaultive partner, active arrest warrant, leaving a younger child with grandparents for days after an argument).
The mother argued the State failed to prove statutory grounds, termination is contrary to the children’s best interests, a § 232.116(3) relative-custody exception should apply, and guardianship with the grandparents should be ordered as an alternative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether statutory ground §232.116(1)(f) is met (children cannot be returned)	Mother: insufficient evidence children could not be safely returned	State: clear and convincing evidence children unsafe to return given history and mother’s lack of progress/insight	Held: §232.116(1)(f) satisfied; children could not be safely returned
Whether termination is in children’s best interests	Mother: termination would prevent possible family reunification with other children; siblings should be kept together	State: children need permanency; grandparents provide stable home and will adopt	Held: termination is in children’s best interests; permanency prioritized
Whether to apply permissive exception §232.116(3)(a) (relative has custody)	Mother: grandparents’ legal custody supports forgoing termination	State: exceptions are permissive; mother failed to show compelling reason to apply exception	Held: exception not applied; mother bore burden and did not meet it
Whether guardianship with grandparents should be ordered as alternative	Mother: guardianship is viable alternative to termination	State: juvenile court did not rule; issue not preserved; grandparents prefer adoption	Held: issue not preserved for appeal; guardianship not favored or preferable

In re Z.P., 948 N.W.2d 518 (Iowa 2020) (de novo review of termination proceedings)
In re T.S., 868 N.W.2d 425 (Iowa Ct. App. 2015) (clear-and-convincing evidence standard for termination)
In re A.S., 906 N.W.2d 467 (Iowa 2018) (three-step termination analysis and burden on parent to prove exceptions)
In re P.L., 778 N.W.2d 33 (Iowa 2010) (need for permanency; cannot delay permanency in hope parent improves)
In re A.M.S., 419 N.W.2d 723 (Iowa 1988) (preference to keep siblings together when possible)
In re A.R., 932 N.W.2d 588 (Iowa Ct. App. 2019) (section 232.116(3) exceptions are permissive)