In the Interest of S.B., A.B., Z.B., A.B., and D.B., Minor Children, J.S., Mother, M.B., Father
17-0221
| Iowa Ct. App. | May 17, 2017Background
- Five siblings (ages ~7–12) were removed in Aug 2015 after parents Josie and Matthew used methamphetamine and the family became homeless.
- Children placed with grandparents in Atlantic, Iowa; DHS provided services including transportation assistance and visitation arrangements.
- Parents have documented substance-use and mental-health disorders; both made only minimal, inconsistent progress in treatment and visitation during the proceedings.
- Juvenile court terminated both parents’ rights in Feb 2017. Matthew appealed challenging paragraph (f); court also relied on paragraph (l) for Matthew. Josie appealed paragraph (f).
- Trial court found clear and convincing evidence children could not be returned at time of hearing, DHS made reasonable efforts, and termination was in children’s best interests; this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence showed children could not be returned to parents at time of hearing (Iowa Code § 232.116(1)(f)) | Josie: now sober ~10 months, living in a suitable home, pursuing mental-health treatment — so children could be returned; Matthew: challenged (f) but focused on appeals | State: parents lacked sustained stability; missed visits; violated release conditions; insufficient treatment progress | Affirmed. Court found parents had not achieved necessary stability; clear and convincing evidence children could not be returned. |
| Whether DHS made reasonable efforts to reunify | Both parents argued DHS failed to provide adequate services (Matthew emphasized transportation) | State: DHS provided services (transportation via Boys Town, gas vouchers); parents chose to live in Omaha and delayed treatment | Affirmed. Court concluded DHS made reasonable efforts; transportation assistance did not render efforts unreasonable. |
| Whether termination was in children’s best interests (Iowa Code § 232.116(2)) | Parents argued bonds with children and children’s age favor preserving parental rights; requested additional time (3–6 months) | State and guardian ad litem: children need permanency; grandparents provide stable, nurturing home; parental inconsistency harms children | Affirmed. Court held children need permanency; termination serves safety, stability, and emotional needs; extension denied. |
Key Cases Cited
- In re D.W., 791 N.W.2d 703 (clear-and-convincing standard for termination)
- In re A.M., 843 N.W.2d 100 ("present time" means time of termination hearing)
- In re M.W., 876 N.W.2d 212 (de novo review of termination decisions)
- In re C.B., 611 N.W.2d 489 (reasonable-efforts framework for reunification)
- In re P.L., 778 N.W.2d 33 (best-interest standard requires focus on safety and permanency)
- Hyler v. Garner, 548 N.W.2d 864 (appellate review limited to issues raised by appellant)
- In re A.A.G., 708 N.W.2d 85 (urgency where children have been out of home over twelve months)
- State v. Louwrens, 792 N.W.2d 649 (conclusory appellate arguments preserve no issue)
