IN THE COURT OF APPEALS OF IOWA
No. 24-1517 Filed December 4, 2024
IN THE INTEREST OF A.H., Minor Child,
A.M., Mother, Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Montgomery County, Justin R.
Wyatt, Judge.
A mother appeals the termination of her parental rights. AFFIRMED.
Eric A. Checketts of Checketts Law, PLC, Glenwood, for appellant mother.
Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney
General, for appellee State.
Ivan Miller of Billings & Mensen, Red Oak, attorney and guardian ad litem
for minor child.
Considered by Buller, P.J., Langholz, J., and Vogel, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2024). 2
VOGEL, Senior Judge.
After a seven-month-old baby died from injuries consistent with abuse, the
baby’s two-year-old sibling, A.H., was removed from the parents’ custody. While
A.H. was in foster care, the mother did not meaningfully work toward reunification.
The mother forwent mental-health treatment, irregularly participated in family
services, was discharged from substance-use treatment for noncompliance, and
continued to test positive for methamphetamine and cocaine throughout the
juvenile proceeding. The juvenile court ultimately terminated the mother’s parental
rights to now-four-year-old A.H. under Iowa Code section 232.116(1)(e) and (f)
(2024). She appeals.1
On our review, the mother’s ongoing drug use, inability to demonstrate she
can safely parent her child, and failure to progress beyond fully supervised visits
show the child could not have been returned to her custody at the time of the
termination hearing. Thus, the State proved by clear and convincing evidence
termination was warranted under section 232.116(1)(f). Because termination is
also in the child’s best interest and the mother has not shown that any statutory
ground should impede termination, we affirm the juvenile court.
I. Factual Background and Proceedings.
In March 2023, while the mother was at work, A.H.’s seven-month-old
sibling stopped breathing. Yet the father did not call 911 or otherwise seek help
for nearly ten minutes. The baby was life-flighted to Nebraska, where he was
diagnosed with subdural hematoma and a retinal hemorrhage—conditions
1 The father’s parental rights were also terminated in this proceeding, but he does
not appeal. 3
consistent with physical abuse. The baby died a few days later from the injuries.
A.H. was promptly removed from her mother’s and father’s custody and placed
with a foster family, where she has remained ever since. The child was adjudicated
in need of assistance in April.
After removal, the mother tested positive for methamphetamine and
cocaine in July. She again tested positive for methamphetamine in August and
September. During this time, the mother inconsistently attended family-services
appointments and did not obtain a substance-use evaluation.
In October, the Iowa Department of Health and Human Services (HHS) and
the child’s guardian ad litem recommended the juvenile court alter the permanency
goal from reunification to termination. The juvenile court disagreed, explaining the
“case started with the death of a child. The grieving progress undoubtedly caused
[the mother] to engage in services late in the case.” The juvenile court gave the
mother “an additional three months to demonstrate [she] can engage in, and make
significant progress with, reunification services.” Specifically, the mother was
instructed to “consistently attend therapy, treatment, and family centered services.”
Yet the mother did not use this extra time to work toward reunification. She
stopped attending her mental-health appointments altogether. She never
completed the SafeCare program—which provides training on how to safely care
for young children—failing three of the four sections of the assessment after
months of sporadic participation. Indeed, the mother never progressed beyond
fully supervised visits with the child. As for her substance use, the mother was
discharged from her treatment program for noncompliance. She tested positive
for methamphetamine and cocaine in January 2024 and again for 4
methamphetamine in March and April. As a result, the State moved to terminate
the mother’s parental rights.
After a one-day hearing in July, the juvenile court terminated the mother’s
parental rights under Iowa Code section 232.116(1)(e) and (f). In a thorough
ruling, the juvenile court found the mother failed “to complete court-ordered
services, provide consistently negative drug screens, and complete recommended
substance use treatment,” and thus “has made no reasonable efforts to resume
care of the child despite being given additional time to reunify at the permanency
hearing.” The juvenile court also found the child could not be returned to the
mother’s custody at the time of the hearing given her ongoing substance use and
failure to show she can safely parent the child. As for the child’s best interests, the
court concluded the child had been in foster care for fifteen months and “cannot
wait for her parents to learn and consistently demonstrate effective parenting
skills.” The court also found no permissive statutory grounds impeded termination.
Finally, because termination was appropriate, it denied the mother’s request for
another extension of time to work toward reunification.
The mother now appeals.
II. Analysis.
Our statutory termination framework follows a three-step process. Iowa
Code § 232.116(1)–(3). We must consider “(1) whether the State proved any
grounds for termination, (2) whether termination is in the child’s best interests, and
(3) whether any exceptions save the parent–child relationship.” In re W.T., 967 5
N.W.2d 315, 322 (Iowa 2021). We review the juvenile court’s termination order de
novo. In re T.S., 868 N.W.2d 425, 431 (Iowa Ct. App. 2015).
A. Termination under Section 232.116(1)(f).
When a parent’s rights are terminated under multiple statutory grounds, we
may affirm so long as one ground supports termination. In re L.H., 949 N.W.2d
268, 270 (Iowa Ct. App. 2020). We will first consider whether the State proved by
clear and convincing evidence that the mother’s rights should be terminated under
paragraph “f.”
The mother does not challenge the first three elements of paragraph “f”—
the child was over four years old, was adjudicated in need of assistance, and had
been removed from her custody for fifteen straight months. See Iowa Code
§ 232.116(1)(f)(1)–(3). Instead, she only alleges the State failed to prove the child
could not be returned to her custody at the time of the termination hearing. See
id. § 232.116(1)(f)(4). She argues that all drug screens were false positives, she
now resides in a supportive home with her grandmother, and that any lack of
progress was caused by the State’s failure to make reasonable efforts to reunify.
We disagree.
Termination is appropriate if returning the child to the mother’s custody
would expose the child to “any harm amounting to a new child in need of assistance
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IN THE COURT OF APPEALS OF IOWA
No. 24-1517 Filed December 4, 2024
IN THE INTEREST OF A.H., Minor Child,
A.M., Mother, Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Montgomery County, Justin R.
Wyatt, Judge.
A mother appeals the termination of her parental rights. AFFIRMED.
Eric A. Checketts of Checketts Law, PLC, Glenwood, for appellant mother.
Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney
General, for appellee State.
Ivan Miller of Billings & Mensen, Red Oak, attorney and guardian ad litem
for minor child.
Considered by Buller, P.J., Langholz, J., and Vogel, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2024). 2
VOGEL, Senior Judge.
After a seven-month-old baby died from injuries consistent with abuse, the
baby’s two-year-old sibling, A.H., was removed from the parents’ custody. While
A.H. was in foster care, the mother did not meaningfully work toward reunification.
The mother forwent mental-health treatment, irregularly participated in family
services, was discharged from substance-use treatment for noncompliance, and
continued to test positive for methamphetamine and cocaine throughout the
juvenile proceeding. The juvenile court ultimately terminated the mother’s parental
rights to now-four-year-old A.H. under Iowa Code section 232.116(1)(e) and (f)
(2024). She appeals.1
On our review, the mother’s ongoing drug use, inability to demonstrate she
can safely parent her child, and failure to progress beyond fully supervised visits
show the child could not have been returned to her custody at the time of the
termination hearing. Thus, the State proved by clear and convincing evidence
termination was warranted under section 232.116(1)(f). Because termination is
also in the child’s best interest and the mother has not shown that any statutory
ground should impede termination, we affirm the juvenile court.
I. Factual Background and Proceedings.
In March 2023, while the mother was at work, A.H.’s seven-month-old
sibling stopped breathing. Yet the father did not call 911 or otherwise seek help
for nearly ten minutes. The baby was life-flighted to Nebraska, where he was
diagnosed with subdural hematoma and a retinal hemorrhage—conditions
1 The father’s parental rights were also terminated in this proceeding, but he does
not appeal. 3
consistent with physical abuse. The baby died a few days later from the injuries.
A.H. was promptly removed from her mother’s and father’s custody and placed
with a foster family, where she has remained ever since. The child was adjudicated
in need of assistance in April.
After removal, the mother tested positive for methamphetamine and
cocaine in July. She again tested positive for methamphetamine in August and
September. During this time, the mother inconsistently attended family-services
appointments and did not obtain a substance-use evaluation.
In October, the Iowa Department of Health and Human Services (HHS) and
the child’s guardian ad litem recommended the juvenile court alter the permanency
goal from reunification to termination. The juvenile court disagreed, explaining the
“case started with the death of a child. The grieving progress undoubtedly caused
[the mother] to engage in services late in the case.” The juvenile court gave the
mother “an additional three months to demonstrate [she] can engage in, and make
significant progress with, reunification services.” Specifically, the mother was
instructed to “consistently attend therapy, treatment, and family centered services.”
Yet the mother did not use this extra time to work toward reunification. She
stopped attending her mental-health appointments altogether. She never
completed the SafeCare program—which provides training on how to safely care
for young children—failing three of the four sections of the assessment after
months of sporadic participation. Indeed, the mother never progressed beyond
fully supervised visits with the child. As for her substance use, the mother was
discharged from her treatment program for noncompliance. She tested positive
for methamphetamine and cocaine in January 2024 and again for 4
methamphetamine in March and April. As a result, the State moved to terminate
the mother’s parental rights.
After a one-day hearing in July, the juvenile court terminated the mother’s
parental rights under Iowa Code section 232.116(1)(e) and (f). In a thorough
ruling, the juvenile court found the mother failed “to complete court-ordered
services, provide consistently negative drug screens, and complete recommended
substance use treatment,” and thus “has made no reasonable efforts to resume
care of the child despite being given additional time to reunify at the permanency
hearing.” The juvenile court also found the child could not be returned to the
mother’s custody at the time of the hearing given her ongoing substance use and
failure to show she can safely parent the child. As for the child’s best interests, the
court concluded the child had been in foster care for fifteen months and “cannot
wait for her parents to learn and consistently demonstrate effective parenting
skills.” The court also found no permissive statutory grounds impeded termination.
Finally, because termination was appropriate, it denied the mother’s request for
another extension of time to work toward reunification.
The mother now appeals.
II. Analysis.
Our statutory termination framework follows a three-step process. Iowa
Code § 232.116(1)–(3). We must consider “(1) whether the State proved any
grounds for termination, (2) whether termination is in the child’s best interests, and
(3) whether any exceptions save the parent–child relationship.” In re W.T., 967 5
N.W.2d 315, 322 (Iowa 2021). We review the juvenile court’s termination order de
novo. In re T.S., 868 N.W.2d 425, 431 (Iowa Ct. App. 2015).
A. Termination under Section 232.116(1)(f).
When a parent’s rights are terminated under multiple statutory grounds, we
may affirm so long as one ground supports termination. In re L.H., 949 N.W.2d
268, 270 (Iowa Ct. App. 2020). We will first consider whether the State proved by
clear and convincing evidence that the mother’s rights should be terminated under
paragraph “f.”
The mother does not challenge the first three elements of paragraph “f”—
the child was over four years old, was adjudicated in need of assistance, and had
been removed from her custody for fifteen straight months. See Iowa Code
§ 232.116(1)(f)(1)–(3). Instead, she only alleges the State failed to prove the child
could not be returned to her custody at the time of the termination hearing. See
id. § 232.116(1)(f)(4). She argues that all drug screens were false positives, she
now resides in a supportive home with her grandmother, and that any lack of
progress was caused by the State’s failure to make reasonable efforts to reunify.
We disagree.
Termination is appropriate if returning the child to the mother’s custody
would expose the child to “any harm amounting to a new child in need of assistance
adjudication.” In re M.M., 483 N.W.2d 812, 814 (Iowa 1992). “[A] good prediction
of the future conduct of a parent is to look at the past conduct.” In re N.F., 579
N.W.2d 338, 341 (Iowa Ct. App. 1998). HHS offered many services to the mother
and opportunities to improve her parenting, including family centered services,
mental-health treatment, substance-use treatment, and SafeCare training. The 6
mother did not follow through with these resources. When asked during the
hearing whether the child could be immediately returned to the mother, the HHS
social worker explained the mother still tests positive for illegal substances, has
made “no progress on her mental health,” and could not pass three of the four
sections of the SafeCare assessment.
The mother’s denial of drug use is particularly troubling. She insists her
frequent proximity to drug users caused her litany of positive test results, but she
offers no evidence to support that assertion. Given that lack of accountability, we
agree with the juvenile court that the mother would be unable to provide a safe and
sober living environment for the child. Moreover, the mother never progressed
beyond supervised visits, which further undermines immediately returning the child
to her custody. See In re L.H., ___ N.W.3d ___, ___, 2024 WL 3887255, at *1
(Iowa Ct. App. 2024) (“[The parent] never progressed beyond fully-supervised
visits, which also prevented an immediate return of custody.”). Accordingly, the
State offered clear and convincing evidence to terminate the mother’s parental
rights under section 232.116(1)(f). Because that ground is adequately supported,
we need not consider paragraph “e.” L.H., 949 N.W.2d at 270.
B. Best Interest of the Child.
The mother next argues that termination is contrary to the child’s best
interest. However, she conflates, as many parents do, the second and third steps
of our framework, arguing that termination is not in the child’s best interest because
of the close bond between her and the child. Compare Iowa Code § 232.116(2)
(discussing the child’s best interest), with id. § 232.116(3)(c) (providing a 7
permissive impediment to termination when “the termination would be detrimental
to the child at the time due to the closeness of the parent-child relationship”).
Even so, termination is in the child’s best interest. The child was removed
in March 2023 and has been in foster care ever since. “Children should not be
made to suffer indefinitely in parentless limbo.” In re A.C., 415 N.W.2d 609, 613
(Iowa 1987). Nor can the “crucial days of childhood [be] suspended while parents
experiment with ways to face up to their own problems.” Id. Our “full measure of
patience” is only reserved for “parents who attempt to remedy a lack of parenting
skills.” Id. The mother has not meaningfully attempted to improve her parenting,
sobriety, or mental health, even after the juvenile court gave her extra time.
Because the time has come for permanency, we agree with the juvenile court that
termination best serves the child.
C. Statutory Impediment.
As for statutory impediments, the mother has not shown that the bond
between her and the child should preclude termination. See Iowa Code
§ 232.116(3)(c). During the hearing, an HHS worker explained that when the child
was not around the mother, she did not ask for the mother. Though we do not
doubt the mother loves the child, the mere existence of a bond is not enough to
forestall permanency. In re A.B., 956 N.W.2d 162, 169 (Iowa 2021). Under these
facts, we agree with the juvenile court’s ruling, which declined to forgo termination
under section 232.116(3)(c). See In re M.W., 876 N.W.2d 212, 215 (Iowa 2016)
(declining to avoid termination due to a bond when young children had been 8
removed for nearly two years and the parent never “progressed beyond more than
limited, supervised visits”).
AFFIRMED.