In the Interest of K.B., D.B., and A.B., Minor Children, K.B., Father, M.K., Mother
16-2024
| Iowa Ct. App. | Feb 8, 2017Background
- Three children (K.B., b.2011; D.B., b.2013; A.B., b.2014) with profound developmental/medical needs were adjudicated CINA in Oct 2015 and removed from parents’ custody in Nov 2015; no trial home period exceeded 30 days.
- DHS involvement began April 2015 for unsanitary housing; children were in foster care from Nov 2015 and placed together in a special-needs foster home where they made significant developmental progress.
- Parents obtained a four-bedroom residence in July 2016 but remained unemployed, relied on father’s disability income, had inconsistent transportation, missed appointments, and struggled to maintain cleanliness and follow through with medical/educational services.
- Parents participated intermittently in mental-health services and parenting programs; service providers observed parental love but concluded parents had not internalized skills or established reciprocal bonds with the children.
- Juvenile court terminated both parents’ rights under Iowa Code §232.116(1)(f) (K.B.) and (1)(h) (D.B., A.B.); parents appealed contesting statutory grounds, a bonding exception under §232.116(3)(c), and denial of a six-month extension under §232.104(2)(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State proved statutory grounds for termination under §232.116(1)(f)/(h) | State: children were removed long enough, adjudicated CINA, and could not be returned to parents’ custody | Parents: had made progress (housing, some services), one successful overnight, could parent safely | Held: State proved by clear and convincing evidence children could not be returned; termination affirmed |
| Whether termination is in children’s best interests under §232.116(2) | State: children benefited from stable, specialized foster care and needed permanency | Parents: did not contest best‑interests finding | Held: Issue waived by parents; termination is in children’s best interests |
| Whether §232.116(3)(c) bonding exception bars termination | Parents: close parent–child bond would make termination detrimental to children | State/Providers: bond was weak or nonreciprocal; children benefited more from foster placement | Held: Bond did not outweigh parents’ inability to meet children’s needs; exception not applied |
| Whether court erred denying six‑month extension under §232.104(2)(b) | Parents: needed more time to complete reunification tasks | State: permanency urgency for young, special‑needs children; parents unlikely to resolve issues in six months | Held: Court did not abuse discretion; extension denied |
Key Cases Cited
- In re M.W., 876 N.W.2d 212 (Iowa 2016) (three‑step analysis for termination review)
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (permissive nature of §232.116(3) factors)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (past parental performance informs future capacity and urgency)
- In re D.W., 791 N.W.2d 703 (Iowa 2010) (focus on whether termination will disadvantage the child)
- In re A.B., 815 N.W.2d 764 (Iowa 2012) (children’s need for permanency outweighs hope parents will improve)
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (limits on keeping children in foster care while parents get their lives together)
- In re Dameron, 306 N.W.2d 743 (Iowa 1981) (use of past parental performance in best‑interests analysis)
