In the Interest of J.R. and E.W., Minor Children, K.P., Mother
17-0443
| Iowa Ct. App. | May 17, 2017Background
- Mother appealed termination of parental rights to two children; mother did not contest that statutory grounds for termination existed.
- Children were removed due to the mother’s long history of substance abuse (methamphetamine) and unresolved mental-health issues affecting her parenting and memory.
- Over a fourteen-month period the mother made minimal progress: she had not consistently participated in substance-abuse treatment, had not begun mental-health counseling, had no steady employment or income, and relied on her own mother for support.
- Mother acknowledged she was not safe to resume care while using methamphetamine and requested additional months to address mental health and sobriety.
- Children were in relative placement but legal custody remained with the Department of Human Services.
- Juvenile court found additional time was unlikely to produce timely, sufficient change and that returning the children would subject them to the same harms that prompted removal; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is in children’s best interests under Iowa Code § 232.116(2) | Mother: Close parent–child bond and need for additional months to address mental health justify delaying termination | State: Children’s safety and long-term needs require termination after 14 months of insufficient parental progress | Affirmed termination — children’s safety and future needs outweigh bond; mother showed insufficient sustained progress |
| Whether statutory exceptions in § 232.116(3) (relative custody or detrimental effect of severing bond) preclude termination | Mother: Relative placement and close bond mean termination is unnecessary | State: Legal custody was with DHS so relative-custody exception inapplicable; bond insufficient to overcome safety concerns | Exceptions not applied — DHS custody negates §232.116(3)(a); closeness of bond not a bar given mother’s failure to remedy substance/mental-health issues |
Key Cases Cited
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (section 232.116(3) factors are permissive; court discretion to apply them based on child’s best interests)
- In re D.W., 791 N.W.2d 703 (Iowa 2010) (three-step termination analysis and statutory time frame balancing parent efforts and child’s long-term interests)
- In re C.K., 558 N.W.2d 170 (Iowa 1997) (best-interest inquiry focuses on what the child’s future will be if returned to the parent; past performance predicts future care)