In the Interest of S.B., Minor Child, S.N.B., Mother, 17-0098

Child S.B. born May 20, 2016; mother tested positive for methamphetamine during pregnancy and was incarcerated at birth. Child placed with maternal aunt and uncle on May 24, 2016 and has remained there.
Mother released May 26, 2016; juvenile court ordered DHS supervision after uncontested removal and adjudicated S.B. CINA in July 2016 due to mother’s unresolved substance abuse and safety concerns.
Dispositional plan required mother to complete substance-abuse and mental-health treatment, random drug screens, individual therapy, and visitation; mother frequently missed drug screens, lied about treatment, and continued methamphetamine use.
Mother admitted at the termination hearing to daily methamphetamine use while not incarcerated, attending visits while methamphetamine was in her system, and failing to engage consistently with services; juvenile court found her not credible.
Juvenile court terminated mother’s parental rights under Iowa Code § 232.116(1)(g) and (h); district court placed custody with aunt and uncle. Mother appealed only the best-interest and permissive-factor (relative placement) issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination is in child’s best interests	Mother: bond with child and claimed sobriety weigh against termination	State: mother’s continued meth use, lack of credibility, and failure to complete services make return unsafe; stability and permanency require termination	Affirmed: termination is in child’s best interests due to ongoing substance abuse and inability to provide stability
Whether permissive relative-placement factor (§232.116(3)(a)) should preclude termination	Mother: child is placed with relatives, so court should decline termination	State: DHS—not relatives—has legal custody; §232.116(3)(a) inapplicable; factors are permissive, not mandatory	Affirmed: factor does not apply (DHS has custody) and permissive factors do not preclude termination

In re A.M., 843 N.W.2d 100 (Iowa 2014) (standard of review for termination appeals and statutory framework)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (clear-and-convincing evidence standard and deference to trial court credibility findings)
In re J.E., 723 N.W.2d 793 (Iowa 2006) (best-interest analysis prioritizing child’s safety, permanency, and well-being)
In re M.W., 876 N.W.2d 212 (Iowa 2016) (three-step termination analysis under §232.116)
In re S.N., 500 N.W.2d 32 (Iowa 1993) (parents’ past performance probative of future care capability)
In re D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011) (permissive nature of §232.116(3) relative-placement factors)