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In the Interest of J.W. and J.W., Minor Children, J.W., Father
16-2060
Iowa Ct. App.
Feb 22, 2017
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Background

  • Father appealed termination of parental rights for two children (born 2008 and 2014); he conceded statutory grounds for termination but sought an additional six months for reunification.
  • Children removed from father’s custody in October 2014; placed with a relative willing to adopt and have not been returned.
  • Father has a long history of untreated mental-health and substance-abuse problems and failed to engage in services offered; trial court found him not credible and that he had done very little to address these needs.
  • Mother died of a drug overdose during the proceedings while at home with the father and children; father discovered her and did not call for medical help.
  • Trial court terminated parental rights under multiple subsections of Iowa Code § 232.116; father does not contest grounds but challenges best interests and requests extension.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether to grant a six-month extension for reunification Father: allow additional six months because he is now willing to “participate fully going forward.” State/juvenile court: extension unlikely to make removal need disappear given history and failure to engage. Denied — court found no reason an extension would result in safe return.
Whether termination is in children’s best interests Father: termination not in children’s best interests (argues bond). State: primary consideration is children’s safety, stability, and long-term nurturing; current placement suitable for adoption. Affirmed — termination best provides safe, stable, caring home.
Whether the parent-child bond precludes termination Father: existing bond should weigh against termination. State: younger child largely never lived with father; bond does not overcome other factors. Bond did not preclude termination; court gave it no weight against termination.
Whether father’s recent efforts excuse delay in addressing problems Father: recent steps to address substance and mental-health issues justify more time. State: efforts are too late after statutory periods expired and prior nonengagement. Court rejected delay claim as untimely; parent cannot wait until eve of termination.

Key Cases Cited

  • In re M.W., 876 N.W.2d 212 (Iowa 2016) (standard of de novo review and discussion of permissive nature of § 232.116(3) factors)
  • In re C.B., 611 N.W.2d 489 (Iowa 2000) (parent cannot wait until eve of termination to begin demonstrating commitment to parenting)
  • In re P.L., 778 N.W.2d 33 (Iowa 2010) (framework for three-step termination analysis)
Read the full case

Case Details

Case Name: In the Interest of J.W. and J.W., Minor Children, J.W., Father
Court Name: Court of Appeals of Iowa
Date Published: Feb 22, 2017
Docket Number: 16-2060
Court Abbreviation: Iowa Ct. App.