In the Interest of N.M., Minor Child, M.K., Mother, 17-0054

Child N.M., born April 2014, was removed from mother in Nov. 2015 after mother admitted methamphetamine use; child initially placed with maternal grandmother.
Mother has long history of mental-health diagnoses (borderline personality disorder, bipolar disorder, anxiety, depression, postpartum depression) and prior hospitalizations; she attended therapy and made some progress but required continued treatment.
Mother relapsed on methamphetamine in Oct. 2015 and again in Aug. 2016; diagnosed with severe stimulant use disorder and failed to complete recommended extended outpatient treatment.
Supervised visits showed mother affectionate but had safety lapses (child put coins, cigarette butts, medications in mouth); mother allowed a registered sex offender boyfriend to move in despite DHS warnings.
Mother has criminal-history convictions and outstanding warrants; at time of termination hearing she faced likely incarceration; juvenile court terminated parental rights under Iowa Code § 232.116(1)(h).

Issue	Mother’s Argument	State’s Argument	Held
Whether statutory ground § 232.116(1)(h)(4) was met (child could not be returned at time of hearing)	Mother: N.M. could be returned; she’d made progress in therapy and bonded with child	State: Recent relapse, severe substance disorder, treatment non‑completion, safety lapses, and allowing a sex offender in home show child could not be safely returned	Court: Held clear and convincing evidence child could not be returned; ground proven
Whether termination is contrary to child’s best interests under § 232.116(2)	Mother: Strong bond with child weighs against termination	State: Primary attachment is to maternal grandmother; stability and safety outweigh bond	Court: Held termination is in child’s best interests
Whether permissive factor § 232.116(3)(a) (relative guardianship) precludes termination	Mother: Grandmother has custody; guardianship is less severe alternative	State: Guardianship not legally preferred; no evidence grandmother willing to be guardian	Court: Held permissive factor did not weigh against termination
Whether juvenile court erred given mother’s improvements	Mother: Therapy progress and coping strategies show readiness for reunification	State: Improvements insufficient given ongoing substance disorder, safety concerns, and likely incarceration	Court: Held progress insufficient for reunification at hearing

In re M.W., 876 N.W.2d 212 (Iowa 2016) (standard of review and approach to termination appeals)
In re L.M.F., 490 N.W.2d 66 (Iowa Ct. App. 1992) (placement under permanency orders not preferred over termination when termination is supported)
In re C.K., 558 N.W.2d 170 (Iowa 1997) (ability of relative to care for child does not automatically prevent termination)
In re A.M., 843 N.W.2d 100 (Iowa 2014) (factors in § 232.116(3) are permissive, not mandatory)