In the Interest of J.B.L., Minor Child, Q.S., Father
2014 Iowa App. LEXIS 177
Iowa Ct. App.2014Background
- Child born December 2012 tested positive for drug exposure and was removed from mother's custody; placed in DHS/foster care since then.
- Father was incarcerated from May 2012 onward, had no relationship with the child, and paternity was not established until April 2013.
- State filed a petition to terminate father's parental rights in August 2013; termination hearing in October 2013; juvenile court terminated father's rights in November 2013.
- Juvenile court relied on multiple statutory grounds for termination, including Iowa Code § 232.116(1)(h) (child three or younger, removed for required period, cannot be returned).
- Father has a history of criminal convictions, substance and alcohol problems, and prior child endangerment; foster parents are bonded with child and seek adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds for termination under §232.116(1) (including (h)) | State: removal since Dec 2012 and statutory elements met | Father: paternity established April 2013, so six-month removal element under (h) not met | Court: preserved challenge not shown; even on merits, removal period satisfied because child was continuously out of parental custody since Dec 2012; termination proper under at least one ground |
| Best interests of the child | State: child bonded to foster parents; needs stability and permanency | Father: argues termination not in child's best interests | Court: best interests favor termination—father incarcerated, no bond, risky history; foster placement stable and willing to adopt |
| Request for additional time under §232.104(2)(b) | Father: ask six more months to reunify | State: father unlikely to be able to safely parent within additional period | Held: Denied—evidence shows father would not be able to parent safely within additional six months |
| Preservation of appellate issues | Father: challenges multiple statutory grounds on appeal | State: some issues not raised below | Court: appellate review de novo but some contentions not preserved; nevertheless court addressed core arguments |
Key Cases Cited
- In re A.B., 815 N.W.2d 764 (Iowa 2012) (standard of de novo review for termination appeals)
- In re S.R., 600 N.W.2d 63 (Iowa Ct. App. 1999) (termination may be affirmed if any one statutory ground is proven)
- In re T.J.O., 527 N.W.2d 417 (Iowa Ct. App. 1994) (issues not raised below generally cannot be raised on appeal)
- In re J.E., 723 N.W.2d 793 (Iowa 2006) (parent’s past performance is probative of future parenting ability)