In the Interest of J.J., Minor Child, C.J., Mother, B.J., Father, 17-0603

Background

DHS removed J.J. from parental care in Dec. 2015 after both parents tested positive for methamphetamine; child placed with a maternal relative.
Parents were adjudicated CINA in Feb. 2016; both failed to complete recommended substance-abuse treatment, obtain stable housing, employment, or engage in mental-health care.
Parents were asked to leave the home in Jan. 2016 and never resumed custody. By Jan. 2017 they lived with a registered sex offender.
State filed petitions to terminate both parents’ rights in Feb. 2017; termination hearing held March 2017.
Juvenile court terminated both parents under Iowa Code § 232.116(1)(h), finding the child could not be returned, additional time unlikely to help, and a relative placement available for adoption.
Parents appealed, arguing (1) defective service/denial of procedural due process and (2) insufficient proof for termination and applicability of statutory exceptions.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Parents)	Held
Adequacy of service / procedural due process	Service was adequate and parents received notice of the petition	Service proofs initially showed assistant county attorney signed service in violation of rule 1.302(4); denial of due process	Record showed parents received notice; amended proofs corrected error; no reversible due-process violation
Grounds for termination under § 232.116(1)(h) — child cannot be returned now	Child under 3, adjudicated CINA, removed >6 months, and cannot be safely returned due to parents’ untreated substance abuse, lack of housing, employment, and mental-health care	Parents contend they cooperated and sought evaluations; father asked for more time to complete treatment and recover from surgery	Clear and convincing evidence supports element that child could not be returned at time of hearing; statutory grounds proven
Best interests under § 232.116(2)	Termination serves child’s safety and need for permanent stable home; relative placement provides permanency	Parents argued bond and relative placement should favor preserving rights	Court found child’s safety and need for permanency favored termination; relative adoptive placement weighed for termination
Application of statutory exceptions § 232.116(3) (placement with relative, parent–child bond)	Exceptions are permissive; even with relative placement and bond, termination appropriate given best interests	Parents urged exceptions should save relationship	Court declined to apply exceptions; termination affirmed

Key Cases Cited

In re A.B., 815 N.W.2d 764 (Iowa 2012) (standard of review for termination appeals)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (clear-and-convincing standard and analysis of “at the present time” returnability)
In re K.M., 653 N.W.2d 602 (Iowa 2002) (parents’ right to notice and opportunity to be heard)
In re C.B., 611 N.W.2d 489 (Iowa 2000) (urgency of permanency and limits on delaying termination)
In re T.J.O., 527 N.W.2d 417 (Iowa Ct. App. 1994) (children cannot wait for parental rehabilitation)
In re D.A., 506 N.W.2d 478 (Iowa Ct. App. 1993) (parental problems cannot suspend children’s development)
In re A.M., 843 N.W.2d 100 (Iowa 2014) (permanency importance and limits on delaying)
In re J.E., 723 N.W.2d 793 (Iowa 2006) (safety and permanent home as defining elements of best interest)
In re R.L., 541 N.W.2d 900 (Iowa Ct. App. 1995) (termination preferable to long-term foster care)
In re R.J., 436 N.W.2d 630 (Iowa 1989) (legislative time limits for reunification)
In re J.L.W., 570 N.W.2d 778 (Iowa Ct. App. 1997) (section 232.116(3) factors are permissive)
In re P.L., 778 N.W.2d 33 (Iowa 2010) (overruling on other grounds regarding permissive factors)
In re D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011) (court’s discretion in applying section 232.116(3))
In re S.R., 600 N.W.2d 63 (Iowa Ct. App. 1999) (parent’s obligation to request different/additional services)
In re C.H., 652 N.W.2d 144 (Iowa 2002) (failure to request additional services waives reasonable-efforts claim)