In the Interest of L.M.
904 N.W.2d 835
| Iowa | 2017Background
- Infant L.M. born Dec. 28, 2015 tested positive for methamphetamine, amphetamine, and benzodiazepines and was removed from mother Katherine’s custody at birth; Katherine had prior removals for substance abuse.
- Katherine attended one supervised visit then was arrested Jan. 10, 2016, pled guilty to conspiracy to deliver methamphetamine, and received an indeterminate 10-year sentence; she was later transferred to ICIW and completed in-prison treatment and programming.
- Juvenile court ordered visitation “as arranged and approved by DHS,” but no visits occurred while Katherine was at ICIW; Katherine’s counsel did not object at multiple hearings to the absence of visitation or request additional services.
- DHS changed the permanency goal to termination; a termination petition was filed Oct. 20, 2016, and a hearing occurred Jan. 19, 2017; Katherine had parole notice and expected transfer to a community corrections facility within weeks and a short subsequent placement.
- Juvenile court terminated Katherine’s parental rights under Iowa Code § 232.116(1)(h) (child under three, removed six months, cannot be returned now); court of appeals reversed, finding DHS failed to provide reasonable reunification efforts (no visitation). Supreme Court granted further review.
- Iowa Supreme Court (majority) vacated the court of appeals, affirmed termination: held (1) L.M. could not be returned at the time of hearing, (2) Katherine waived challenge to DHS’s alleged failure to provide visitation by not timely objecting, and (3) termination was in the child’s best interests. Chief Justice Cady dissented.
Issues
| Issue | Plaintiff's Argument (Katherine) | Defendant's Argument (DHS/State) | Held |
|---|---|---|---|
| Whether child could be returned "now or in the near future" under §232.116(1)(h) | Katherine: progress made; parole imminent so reunification realistic soon | DHS: Katherine still incarcerated with additional supervised placement time and history of substance abuse/parenting problems make immediate return impossible | Held: Child could not be returned at hearing; statutory element satisfied |
| Whether DHS made reasonable efforts toward reunification (esp. visitation for incarcerated parent) | Katherine: DHS provided no visitation at ICIW; thus failed to make reasonable efforts | DHS: Visitation was left to DHS/guardian discretion; Katherine’s counsel never requested visits or objected in court | Held: Katherine waived challenge by failing to timely object; reasonable-efforts claim rejected as untimely |
| Whether termination is in child’s best interests | Katherine: continued rehabilitation supports delaying termination; needs time to bond post-release | DHS: L.M. needs permanency and stability now; child never received physical care or bonded with Katherine | Held: Termination is in L.M.’s best interests due to need for stability and lack of bond |
| Whether termination statute subsection applied properly vs. incarceration-based subsection | Katherine/Ct. of appeals: DHS should have used different logic given incarceration impeded services; termination premature | DHS: Statutory grounds under (h) satisfied and termination appropriate; incarceration-based subsection not necessary | Held: Court applied (h) and found sufficient proof; did not decide other subsections but affirmed termination |
Key Cases Cited
- In re C.H., 652 N.W.2d 144 (Iowa 2002) (scope of review de novo; parents must timely object to inadequate services)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (State must show reasonable efforts; parents must raise service inadequacy promptly)
- In re A.B., 815 N.W.2d 764 (Iowa 2012) (court need not address multiple statutory grounds when one supports termination)
- In re M.B., 553 N.W.2d 343 (Iowa Ct. App. 1996) (reasonable efforts may include visitation arrangements to facilitate reunification)