In the Interest of M.M., Minor Child, M.K., Father, T.M., Mother
17-1124
| Iowa Ct. App. | Sep 13, 2017Background
- M.M., born in late 2014, was left with his father in Feb 2016; the mother did not return and the father later asked DHS to take custody.
- Child experienced multiple placements (kinship then non-kinship foster care) and has speech delay, attachment problems, and behavioral issues; therapist linked attachment deficits to parental caregiving.
- DHS offered reunification services; mother did not participate; father attended visits and some therapy but minimized the child’s needs and disputed the need for services.
- The State sought termination of both parents’ rights under Iowa Code ch. 232 after finding little parental progress or accountability.
- The juvenile court found clear and convincing evidence to terminate under Iowa Code §232.116(1)(h), concluded termination was in the child’s best interests under §232.116(2), and found no applicable exceptions under §232.116(3).
- On appeal, the Court of Appeals conducted de novo review and affirmed the termination order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §232.116(1)(h) ground for termination was established | State: Parents failed to correct conditions leading to removal; child needs stable care | Parents: Challenged sufficiency of evidence/claimed efforts or blamed DHS | Affirmed: Clear and convincing evidence supports (ground proven) |
| Whether termination is in child's best interests under §232.116(2) | State: Child needs permanency, stability, consistent caregiving | Parents: Argued continuation of care or disputed necessity of services | Affirmed: Best-interest factors favor termination |
| Whether any statutory exceptions under §232.116(3) preclude termination | State: No exceptions apply | Parents: Sought application of exceptions to avoid termination | Affirmed: No exceptions applied |
| Scope of appellate review and deference to juvenile court findings | State: Juvenile court findings supported by record | Parents: Sought reversal despite juvenile court findings | Affirmed: Appellate court reviewed de novo, gave appropriate weight to trial findings and affirmed |
Key Cases Cited
- In re M.W., 876 N.W.2d 212 (Iowa 2016) (describing the three-step statutory analysis for termination proceedings)
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (explaining appellate review weight given to juvenile court factual findings, especially credibility)