In the Interest of H.S., Minor child

CourtCourt of Appeals of Iowa
DecidedDecember 3, 2025
Docket25-1441
StatusPublished

This text of In the Interest of H.S., Minor child (In the Interest of H.S., Minor child) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest of H.S., Minor child, (iowactapp 2025).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 25-1441 Filed December 3, 2025

IN THE INTEREST OF H.S., Minor Child,

B.C., MOTHER, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Mahaska County, Patrick J. McAvan,

Judge.

A mother appeals the district court’s entry of a bridge modification order and

its order finding reasonable efforts for reunification were made. AFFIRMED.

Rebecca L. Petig of Bierman & Petig, P.C., Grinnell, for appellant mother.

Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney

General, for appellee State.

Michael S. Fisher of Fisher Law Office, New Sharon, attorney and guardian

ad litem for minor child.

Considered without oral argument by Greer, P.J., and Schumacher and

Ahlers, JJ. 2

SCHUMACHER, Judge.

A mother appeals a bridge modification order entered in a child-in-need-of-

assistance (CINA) proceeding and an order finding reasonable efforts for

reunification were made. Upon our review, we affirm.

I. Background Facts and Proceedings

H.S. was born in 2017. The parents, who were never married, separated

the following year. In 2022, the district court entered a decree awarding the parties

joint legal custody of H.S, with physical care to the mother. The father was

awarded visitation every other weekend.

The family came to the attention of the Iowa Department of Health and

Human Services in March 2023, upon concerns of physical discipline by the

mother resulting in injuries to H.S. Voluntary services were initiated, but additional

injuries to the child by the mother were reported. For example, the child had a

burn on his arm, a split lip, and bruises on his body. Further investigation into the

matter resulted in a founded child abuse assessment. In August, H.S. was

removed from the mother’s custody and placed with the father subject to

department supervision. The mother was ordered to have supervised visits. After

a hearing in December, the court adjudicated H.S. a CINA. A dispositional order

was entered in January 2024, which placed custody of H.S. with the father.

Meanwhile, the father filed a petition for modification of physical care. He

then filed a motion for concurrent jurisdiction in the juvenile case, which the mother

resisted. Following a review hearing in June, the court granted the father’s motion

for concurrent jurisdiction. 3

The court entered a permanency order in September. The court observed

the mother was “participating in [parent-child interactive therapy (PCIT)] and has

made considerable progress,” but “[u]nfortunately, her progress outside of PCIT is

lagging.” The court noted the mother “would like more frequent visitation with less

supervision,” and stated, “The department, with input from the [guardian ad litem

(GAL)], is encouraged to continue to evaluate the safety of [H.S.] at visits with his

mother and to modify visitation if and when it is safe and appropriate to do so.”

In December, the father filed a motion for bridge order to “modif[y] and

transfer[] physical care of the child to [the father]” and close “this juvenile case.” A

permanency review hearing took place in February 2025. Following the hearing,

the court entered an order finding in part:

[The mother] was provided up to six months to participate in services to achieve the goal of reunification. As that time ends, she remains at fully supervised visits. [The mother] has not progressed past supervised visitation, and, by extension, cannot resume care of the child. Therefore, a different permanency order must be issued.

The court scheduled a permanency review hearing, “including consideration of a

bridge modification order as an appropriate permanency option,” to “be held

concurrently with hearing on petition for termination of parental rights, if filed.”1

The mother filed a motion for reasonable efforts, stating in part, “Despite

consistently engaging in therapy and visitation, mother’s visitation has not

progressed.” The motion also alleged “[t]ransportation issues have prevented [the]

mother from being able to engage with PCIT.” The court ordered the motion to be

considered at the permanency review hearing.

1 No termination petition was filed. 4

Following a hearing in August, the court entered a bridge order, granting the

father sole legal custody and physical care of H.S. The court granted the mother

visitation, fully supervised, every other Friday from 4:00 p.m. to 6:00 p.m. and

“[o]ther visitation times as agreed to in writing by the parties.” The court also

entered a permanency review order, which denied the mother’s motion for

reasonable efforts. The mother appeals.

II. Standard of Review

We review CINA proceedings de novo. In re D.D., 955 N.W.2d 186, 192

(Iowa 2021). We give weight to the district court’s fact findings, but we are not

bound by them. Id. Our primary concern is the child’s best interests. Id.

III. Reasonable Efforts

We turn first to the mother’s challenge to the court’s reasonable-efforts

ruling. In this CINA proceeding, reasonable efforts are “the efforts made to . . .

eliminate the need for removal of the child or make it possible for the child to safely

return to the [mother]’s home.” Iowa Code § 232.102A(1)(a) (2023). The

reasonable-efforts mandate requires the department to make every reasonable

effort to return children to their home as soon as possible consistent with the

children’s best interests. In re C.B., 611 N.W.2d 489, 493 (Iowa 2000). “The focus

is on services to improve parenting,” which includes visitation. Id. We review the

department’s compliance with the reasonable-efforts mandate based on the

individual circumstances of each case. See In re S.J., 620 N.W.2d 522, 525 (Iowa

Ct. App. 2000). We look at the services provided and the parent’s response, not

necessarily the services a parent claims the department failed to provide. C.B.,

611 N.W.2d at 494. 5

The mother maintains she “consistently engaged in services throughout the

pendency of this case,” but “she was denied the opportunity to progress in

visitation beyond the fully supervised visits.” True, the mother requested increased

visitation with H.S. And the mother was participating in therapy. However, H.S.’s

therapist testified the child was “still fearful with [the mother], and . . . he doesn’t

understand the structure and boundaries in her care.” H.S. reported that the

mother “freaks out” at him if he doesn’t “tell her what she wants.” The therapist

noted that the child’s “issues in school” and concerning behaviors “seemed to

coincide with either anticipating visits with his mother or following visits with his

mother that he would become more disregulated.” The therapist opined the child’s

behavior had vastly improved since he had been “getting safety, structure, and

security” and she didn’t recommend “anything beyond supervised visitation at this

point in time.”

The mother also claims she “required additional assistance ensuring that

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Related

In Re the Marriage of Winter
223 N.W.2d 165 (Supreme Court of Iowa, 1974)
In Re Marriage of Fennelly & Breckenfelder
737 N.W.2d 97 (Supreme Court of Iowa, 2007)
In the Interest of C.B.
611 N.W.2d 489 (Supreme Court of Iowa, 2000)
In the Interest of S.J.
620 N.W.2d 522 (Court of Appeals of Iowa, 2000)

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