In the Interest of A.G. and R.G., Minor Children
In the Interest of A.G. and R.G., Minor Children
Opinion
The mother of R.G., born in 2014, and A.G., born in 2016, appeals the termination of her parental rights. R.G.'s father appeals the termination of his parental rights to R.G., and A.G.'s father appeals the termination of his parental rights to A.G.
I. Background Facts and Proceedings
The family came to the attention of the Iowa Department of Human Services (DHS) most recently in April 2017 due to allegations the mother was using methamphetamine while taking care of the children. Previously, R.G. was adjudicated a child in need of assistance (CINA) in February 2016 in Montgomery County upon concerns the mother was using methamphetamine. The DHS offered the mother services including substance-abuse treatment, mental-health evaluations, and family programs. A.G. was born in May 2016, and for approximately one year, the mother attended services sporadically, but sufficiently enough to have the CINA case closed in February 2017. The mother's success was short-lived as the DHS removed the children from their mother's care in April 2017 upon allegations the mother was again using methamphetamine while caring for the children. The DHS placed R.G. with the maternal cousins with whom she had previously stayed during the DHS's first involvement. A.G. was initially placed with the maternal grandmother but later transitioned to placement with the maternal cousins and R.G.
On July 8, 2017, the children were adjudicated CINA under Iowa Code section 232.2(6)(c)(2) and (n) (2017). Reunification services were offered to all three parents.
The State filed a petition for termination of all three parents' parental rights on December 28, 2017, after no parent demonstrated sufficient compliance or progress to be able to care for the children. After a February 15, 2018 hearing, at which all three parents testified, the district court entered an order terminating the parental rights of the mother, R.G.'s father, and A.G.'s father pursuant to Iowa Code section 232.116(1)(e) and (h) (2017).
The mother and both fathers appeal. 1
II. Standard of Review
We review termination of parental rights proceedings de novo, giving deference to the district court's findings but not being bound by them.
In re C.B
.,
III. Mother's Appeal
The mother contends the district court erred in finding clear and convincing evidence supported termination under Iowa Code section 232.116(1)(e) and (h). "When the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record."
In re A.B
.,
Paragraph (h) provides termination is warranted if:
The court finds that all of the following have occurred:
(1) The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child's parents for at least six months of the last twelve months, or for the last six consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that the child cannot be returned to the custody of the child's parents as provided in section 232.102 at the present time.
After the children were removed, the mother sporadically engaged in services to address not only her substance abuse but also mental-health issues. Although she would show some limited progress, she would regularly relapse into drug use and criminal activity leading to incarceration. In December 2017, the mother tested positive for methamphetamine. On January 3, 2018, the State charged the mother with possession of a firearm or offensive weapon by a felon, in violation of Iowa Code section 724.26(1). The mother remained incarcerated at the time of the termination hearing and, although she testified her attorney was working on getting "all charges thrown out," all of the charges remained pending with no indication of the ultimate outcome of the criminal proceedings.
2
The DHS caseworker testified, "There have been short bursts where [the mother] was able to demonstrate some sobriety. I would say maybe two months, two to three months, and then closely followed by another relapse or some kind of a criminal activity that ended up where she's incarcerated again." Based on our review of the record, we agree with the district court's conclusion the State proved by clear and convincing evidence the children could not be safely returned to the mother.
See
In making a best-interest determination, we "give primary consideration to the child[ren]'s safety, to the best placement for furthering the long-term nurturing and growth of the child[ren], and to the physical, mental, and emotional condition and needs of the child[ren]."
The mother then asserts her bond with A.G. and R.G. should preclude termination.
See
Finally, the mother requested an extension of three to six months to work out her issues once her criminal charges are resolved and upon the hope she would be released from jail.
See
Accordingly, we affirm the district court's termination of the mother's parental rights.
IV. A.G.'s Father's Appeal
A.G.'s father contends the district court erred in finding clear and convincing evidence supported termination under Iowa Code section 232.116(1)(e). As he does not contest the court's findings made under paragraph (h), we affirm the termination of his parental rights under that subsection.
See
Hyler v. Garner
,
The district court also found termination was in the best interests of the child.
V. R.G.'s Father's Appeal
R.G.'s father contends the district court erred in finding clear and convincing evidence supported termination under Iowa Code section 232.116(1)(e) and (h).
See
A.B
.,
The district court also found termination to be in R.G.'s best interests.
R.G.'s father asserts R.G.'s placement with a relative and her strong bond with him should preclude termination.
See
R.G.'s father also argues the DHS did not make reasonable efforts for reunification with R.G.
See
R.G.'s father had an "obligation to demand other, different, or additional services
prior
to a permanency or termination hearing."
In re A.A.G
.,
VI. Conclusion
Because the State proved by clear and convincing evidence the children could not be returned to their parents at the time of the termination hearing and the children are doing well in their placement, we affirm.
AFFIRMED ON ALL APPEALS.
Although the district court took judicial notice, without objection, of various criminal charges and convictions of the mother and R.G.'s father, the specific documents were not made part of the record on appeal.
Also pending at the time of the termination hearing was the mother's probation revocation proceeding. In December 2017, the mother previously pled guilty to charges of possession of a controlled substance and possession of contraband in a correctional institution, in Fremont County. She was then facing probation revocation pending the outcome of the Mills County weapon charge.
On January 3, 2018, R.G.'s father was charged under multiple case numbers, and awaits adjudication on, the following:
(1)-Count I: Possession of Contraband On/In Grounds of Correctional Facility, in violation of Iowa Code section 719.7(1), 719.7(3)(a), and 719.7(4).
Count II: Possession of Methamphetamine, a Schedule II Controlled Substance, First Offense, in violation of section 124.401(5).
(2)-Count I: Theft in the Second Degree, in violation of section 714.1(1) and 714.2(2).
Count II: Burglary in the Third Degree, in violation of section 713.1 and 713.6A.
(3)-Count I: Theft in the Second Degree, in violation of section 714.1(1) and 714.2(2).
Count II: Burglary in the Third Degree, in violation of section 713.1 and 713.6A.
(4)-Driving Under Suspension, in violation of section 321.218.
(5)-Registration Violation, in violation of section 321.34.
(6)-Operating a Non-Registered Vehicle, in violation of section 321.17.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.