In the Interest of R.B., Minor Child
In the Interest of R.B., Minor Child
Opinion
A mother appeals the termination of her parental rights to a child, born in 2010. She contends (1) the record lacks clear and convincing evidence to support the grounds for termination cited by the district court, (2) the department of human services failed to make reasonable efforts toward reunification with the child, and (3) she should have been afforded additional time to reunify or the court should have placed the child in a guardianship in lieu of terminating her parental rights.
I.
The district court terminated the mother's parental rights pursuant to several statutory provisions.
1
We may affirm if we find clear and convincing evidence to support any of the provisions.
In re D.W.
,
The mother has a history of drug abuse and criminal activity. The department became involved following allegations of her drug use while caring for the child. The mother tested positive for several drugs and the child was placed with the maternal grandparents pursuant to a safety plan. The district court subsequently adjudicated the child in need of assistance and transferred custody to the department. The child remained with the grandparents throughout the proceedings.
Meanwhile, the mother was arrested for theft and two drug-related crimes. The district court adjudged her guilty, imposed suspended sentences, and placed her on probation. A later probation-administered test was positive for methamphetamine and marijuana. The mother also incurred new criminal charges.
The mother failed to comply with the department's drug treatment recommendations or follow through with the department's drug testing schedule. She was unsuccessfully discharged from inpatient or outpatient drug treatment on four occasions and from a Drug Treatment Court program.
The mother ultimately had her probation revoked. She was imprisoned in the fall of 2017 and remained incarcerated at the time of the termination hearing three months later. She did not participate in the termination proceedings.
The department employee overseeing the case testified the mother's "soonest recall date" would be nine months after the date of the termination hearing. The child indisputably could not be returned to her custody.
See
In re A.M
.,
II.
The mother contends the department failed to make reasonable efforts toward reunification because it did not facilitate visits with the child at the prison.
See
In re L.M.
,
III. The mother suggests "[i]t would be in the child's best interest that [she] be given additional time to reunify with [the child]" and faults the department for failing to "consider [a] guardianship for [the child]."
The district court rejected both options. The court stated an extension of time was not warranted because the mother "would have much to prove after discharge of her sentence before resuming custody of the child." The court also noted the mother's "long history of unaddressed substance abuse militate[d] in favor of termination," as did the child's bond with the grandparents and their desire to adopt the child. We fully concur in this assessment.
We affirm the termination of the mother's parental rights to the child.
AFFIRMED.
Potterfield, J., concurs; Tabor, J., concurs specially.
I agree with the outcome reached by the majority, but write separately to raise a concern about the Department of Human Services (DHS) case worker's failure to contact the mother while she was incarcerated at the Iowa Correctional Institution for Women (ICIW) in Mitchellville. The mother was sent to prison on a probation violation in October 2017. At the January 2018 termination hearing, the DHS social worker testified she had not contacted the mother since October; nor had the mother contacted her. No one contacted the mother's prison counselor or evaluated the possibility of visitation in the prison. But the record revealed the maternal grandparents and R.B. were able to visit the mother in the jail before transfer to prison. And the maternal grandmother testified the mother calls to talk on the phone with R.B. five times per week. It does not appear the DHS or the family safety, risk, and permanency (FSRP) worker made any real effort to assess the feasibility of regular supervised visits between R.B. and his incarcerated mother.
See
In re S.J
.,
Parental incarceration has a devastating impact on the children who are left behind.
See
Amy B. Cyphert,
Prisoners of Fate: The Challenges of Creating Change for Children of Incarcerated Parents
,
A hearing on a petition to terminate the father's parental rights was scheduled for a later date.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.