W.M. and W.D., 957 N.W.2d 305

Background

Children W.M. (older) and W.D. were removed repeatedly due to mother’s long history of methamphetamine addiction, repeated relapses, and associations with dangerous individuals. Mother repeatedly completed inpatient treatment but relapsed after discharge.
W.M. had lived off-and-on with his paternal grandparents since age three and exhibited behavioral problems and trauma linked to contact with mother; grandparents sought adoption. W.D. also experienced multiple removals and was ultimately placed with the same grandparents.
DHS placed both boys with paternal relatives; the State petitioned to terminate parental rights of both parents and the mother under Iowa Code § 232.116(1)(f) and (l). A guardian ad litem recommended termination of all parents’ rights.
The juvenile court found statutory grounds to terminate both fathers’ rights, but declined to terminate the mother’s rights due to the parent–child bond and instead appointed the paternal grandmother as guardian under a Chapter 232D guardianship, relieving DHS of further services.
The State appealed the denial of termination as to mother; the mother appealed the guardianship appointment and termination relief from services. Father (W.D.’s father) filed a two-day-late notice of appeal; the Court granted a limited delayed appeal and addressed the merits.
The Iowa Supreme Court reversed the juvenile court as to the mother (ordering termination of her parental rights), affirmed termination as to W.D.’s father, and remanded for entry of an order terminating the mother’s rights.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the juvenile court erred in denying the State’s petition to terminate mother’s parental rights under § 232.116(1)(f)	State: Mother’s repeated relapse, history of substance abuse, inability to maintain sobriety outside treatment, and repeated removals satisfy statutory grounds and permanency needs favor termination	Mother: Strong parent–child bond; guardianship preferable to termination; reunification efforts should continue	Held: Statutory grounds proven; termination is in children’s best interests; juvenile court’s refusal reversed and remanded to terminate mother’s rights
Whether a Chapter 232D guardianship with paternal grandmother was a proper permanency alternative to termination	Mother (and some counsel): Guardianship preserves bond and allows reunification efforts; preferable to termination	State / DHS: Guardianship here would relieve services, grandmother supported termination, and the relationship among parties is not stable enough for guardianship	Held: Guardianship was not a legally preferable alternative; appointment reversed as part of reversal of juvenile court’s decision regarding mother
Whether to allow W.D.’s father a delayed appeal despite an untimely notice of appeal	Father: Delay caused by prison transfers and mail; clearly intended to appeal; delay negligible and outside his control	State / Dissent: Appeal deadlines are jurisdictional; untimely notice should bar review	Held: Court granted a limited delayed appeal — father showed intent and the filing delay was beyond his control
Whether termination of W.D.’s father’s parental rights was proper	State: Father largely absent, incarcerated repeatedly, minimal participation in services, unstable and no functional bond with child — termination appropriate	Father: Argued guardianship or more time for reunification because of imminent release	Held: Court affirmed termination — father’s limited involvement and instability warranted termination

Key Cases Cited

In re M.W., 876 N.W.2d 212 (Iowa 2016) (three-step framework for reviewing termination under chapter 232)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (clear-and-convincing standard and analysis of parent’s past performance as predictor of future parenting)
In re A.S., 906 N.W.2d 467 (Iowa 2018) (guardianship is not a legally preferable alternative to termination in many cases)
In re A.B., 815 N.W.2d 764 (Iowa 2012) (court may affirm termination on any supported statutory ground)
In re N.F., 579 N.W.2d 338 (Iowa Ct. App. 1998) (parental inability to maintain sobriety in noncustodial setting supports termination)
In re A.M., 843 N.W.2d 100 (Iowa 2014) (cannot defer permanency on hope parent will someday be able to provide stable home)
In re L.B.T., 318 N.W.2d 200 (Iowa 1982) (presumption favoring keeping siblings together)
State v. Anderson, 308 N.W.2d 42 (Iowa 1981) (recognition that delayed appeals may be allowed despite untimely filing)
Root v. Toney, 841 N.W.2d 83 (Iowa 2013) (appeal deadlines are mandatory and jurisdictional)