In the Interest of K.T., H.T., R.T., Jr., and C.T., Minor Children
21-1241
| Iowa Ct. App. | Jan 12, 2022Background:
- Mother appealed the juvenile court's termination of her parental rights to four children: K.T., H.T., R.T. Jr., and C.T.; the father consented to termination and did not appeal.
- Mother has an established bond and participates in supervised visitation but struggles with ongoing substance-abuse and mental-health issues; the children could not be safely returned to her care.
- The two youngest children have spent most of their lives out of mother's care and will not reach majority until 2036 and 2037; the prospective length of guardianships weighed against that alternative.
- The children’s current familial placement has an approved foster-adopt home study and is willing to adopt; adoptive placement is also willing to permit safe contact with mother if appropriate.
- The older children expressed a preference to be adopted (to end DHS and court involvement) rather than placed under guardianship.
- The juvenile court found termination served the children’s best interests; the Court of Appeals affirmed de novo review limited to the best-interest issue.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of parental rights is in the children’s best interests (vs. establishing guardianships) | Mother argued termination was not in children’s best interests and the court should establish guardianships instead | State argued termination is necessary for children’s safety, permanency, and to allow adoption by foster family | Court held termination was in children’s best interests; guardianships would not provide true permanency and would prolong court involvement |
| Whether guardianship is a preferable alternative to termination | Mother urged guardianship to preserve parental ties and avoid severing rights | State and children's placement argued guardianship is modifiable and would leave children without permanency; children preferred adoption | Court held guardianship is not a legally preferable alternative and would risk instability; adoption following termination better serves long-term nurturing and needs of children |
Key Cases Cited
- In re Z.P., 948 N.W.2d 518 (Iowa 2020) (standard of review for termination appeals)
- In re T.S., 868 N.W.2d 425 (Iowa Ct. App. 2015) (clear-and-convincing evidence standard explanation)
- In re A.S., 906 N.W.2d 467 (Iowa 2018) (guardianship is not a legally preferable alternative to termination)
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (best-interest factors: safety, placement for long-term nurturing, and physical/mental/emotional needs)
- In re B.T., 894 N.W.2d 29 (Iowa Ct. App. 2017) (guards against relying on guardianship to avoid termination)