In the Interest of L.K., J.K., C.C., and M.C., Minor Children
In the Interest of L.K., J.K., C.C., and M.C., Minor Children
Opinion
A mother appeals the termination of her parental rights to her four children. She contends the State failed to prove the grounds for termination by clear and convincing evidence and the State failed to make reasonable efforts to reunify her with the children. She also contends that termination is not in the children's best interests.
We review termination proceedings de novo.
See
In re A.M
.,
The mother has a long history of involvement with the Iowa Department of Human Services (DHS), with four child-abuse assessments completed between 2004 and 2010 finding the mother denied her children critical care due to her methamphetamine use. After the DHS received reports in December 2016 that the mother was using methamphetamine intravenously in the home, the juvenile court entered an order removing the children from her care. In the fourteen months that followed, the mother failed to complete substance-abuse treatment, remained unemployed, lost her housing, was arrested, and was jailed until she bonded out. The State filed a petition seeking to terminate her parental rights in December 2017. Following a hearing in February 2018, the juvenile court granted the State's petition.
In order to terminate parental rights, the juvenile court must first find clear and convincing evidence supporting one of the grounds for termination listed under Iowa Code section 232.116(1) (2017).
See
In re D.W.
,
To terminate parental rights under section 232.116(1)(f), the State must prove:
(1) The child is four years of age or older.
(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 twelve of the last eighteen months, or for the last twelve consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that at the present time the child cannot be returned to the custody of the child's parents as provided in section 232.102.
The mother does not dispute that the first three requirements for termination under this section have been proved. She instead argues there is insufficient evidence regarding the requirement of section 232.116(1)(f)(4) because her testimony supports a finding that the children could be returned to her care "within a reasonable period of time." This is not the correct standard under section 232.116(1)(f). The question is whether the children could be returned to her custody at the time of the termination hearing.
See
Clear and convincing evidence shows the children could not be returned to the mother's care at the time of the termination hearing. As the juvenile court noted,
Over twelve months have gone by and we are no closer to returning the children now than when they were removed. Any progress made by [the mother] with the terms of the case plan ha[s] been short lived. All visits which have occurred have been on a supervised basis. The [mother has] not actively worked toward complying with the terms of the case plan. [Her] substance abuse [is a] serious problem[ ]. [The mother has] a long history of substance abuse. [She] actively opposed participating with inpatient treatment when the same was initially recommended. [The mother has not] completed any form of substance-abuse treatment during the last fourteen months. [Nor] was [she] involved with treatment at the time of the termination hearing. These issues remain unresolved. [The mother says she is] committed to changing and getting these issues resolved; however, over a year has gone by with no results. It will take active participation in treatment for an extended period of time to properly address [her] issues. [The mother has not] actively participated in treatment for the past fourteen months. Further, [the mother does not have] appropriate housing for the children. In addition to substance-abuse issues, barriers with housing, employment, and [her relationship] still need to be resolved as well. Additional time will not eliminate the barriers preventing reunification from occurring.
The evidence supports this finding, which we adopt as our own.
The mother next argues the State failed to make reasonable efforts to reunify her with the children. However, "[c]hallenges to the plan for reunification should have come when the plan was entered."
In re L.M.W.
,
Finally, the mother argues that termination is not in the children's best interests. She argues that termination would be detrimental to the children's mental and emotional wellbeing. In making the best-interests determination, the primary considerations are "the child's safety," "the best placement for furthering the long-term nurturing and growth of the child," and "the physical, mental, and emotional condition and needs of the child."
In re P.L.
,
At the time of termination, the children were nine years of age or older and had formed significant bonds with the mother. However, the mother's unresolved substance-abuse and domestic-violence issues, along with her unemployment and unstable housing, raise concerns about the mother's ability to care for herself, much less her children. These issues have caused the children emotional harm and placed them in danger of physical harm. The DHS social work case manager testified that the children "feel very frustrated" that the mother has failed to take the necessary action to provide permanency. She explained that the children have anxiety about the prospect of reunification rather than termination because "although they would like to go home, they very much have significant concerns that it would be only in the short future that they would be back to how things are." In contrast, the children have been in the care of relatives since their removal. These relatives have provided the consistency and permanency the children need. They intend to adopt the children.
Children are not equipped with pause buttons; delaying the children's permanency in favor of a parent is contrary to the children's best interests.
See
A.M
.,
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.