In the Interest of L.M., Minor Child, K.L., Mother, 17-0287

Newborn L.M. tested positive for amphetamines, methamphetamine, and benzodiazepine at birth (Dec. 2015) and was removed from mother Katherine’s care and placed in foster care.
Katherine had limited prenatal care, admitted meth use up to the day before birth, and had previously lost parental rights to two older children for addiction.
DHS initially arranged some community visitation in January 2016, but Katherine was arrested (conspiracy to deliver meth) and transferred to the Iowa Correctional Institution for Women (ICIW) in Mitchellville in February 2016.
DHS did not offer any in-prison or other meaningful visitation while Katherine was incarcerated; the only contact was monthly photographs sent by the FSRP provider. Juvenile court previously allowed visitation “as arranged and approved by DHS.”
Katherine completed in-prison treatment programs, obtained job skills, testified she had been granted parole and expected placement in a residential correctional facility (RCF) to continue reentry programming, and requested six more months to attempt reunification.
Juvenile court terminated Katherine’s parental rights (relying on Iowa Code § 232.116(1)(b), (e), and (h)). The appellate court reversed and remanded for further proceedings, ordering a six-month extension under § 232.104(2)(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DHS made reasonable efforts to provide reunification services (including visitation) while mother was incarcerated	Katherine: DHS failed to attempt or document reasonable efforts to facilitate visitation in jail/prison; incarceration does not excuse DHS duty	State/DHS: Visitation at jail/prison was infeasible (facility restrictions, distance, infant age); court previously considered visitation	Held: DHS failed to make or record reasonable-effort inquiries about prison visitation; incarceration alone does not absolve DHS of reunification duties, so reasonable-efforts requirement unmet
Whether termination should be delayed and permanency extended six months to allow reunification	Katherine: Requested six-month extension to allow release to RCF, completion of transitional programming, parenting services, and to develop bond	State: Argued termination appropriate given drug history and lack of meaningful contact; contended visitation infeasible	Held: Court ordered six-month extension under Iowa Code § 232.104(2)(b), finding Katherine’s in-prison progress and DHS’s failure to provide visitation warrant additional time rather than immediate termination

In re L.G., 532 N.W.2d 478 (Iowa Ct. App.) (standard of review for child-welfare appeals is de novo)
In re S.J., 620 N.W.2d 522 (Iowa Ct. App.) (DHS must consider and record reasonableness of visitation/contact for incarcerated parents)
In re M.M.S., 502 N.W.2d 4 (Iowa) (termination is not automatic consequence of imprisonment)
In re C.B., 611 N.W.2d 489 (Iowa) (State must show reasonable efforts to reunify as part of proving child cannot be safely returned)