In the Interest of K.B.-S. and J.B., Minor Children

CourtCourt of Appeals of Iowa
DecidedSeptember 13, 2023
Docket23-0954
StatusPublished

This text of In the Interest of K.B.-S. and J.B., Minor Children (In the Interest of K.B.-S. and J.B., Minor Children) 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.

Bluebook
In the Interest of K.B.-S. and J.B., Minor Children, (iowactapp 2023).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-0954 Filed September 13, 2023

IN THE INTEREST OF K.B.-S. and J.B., Minor Children,

L.B., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Linn County, Cynthia S. Finley,

District Associate Judge.

The mother appeals the termination of her parental rights to two of her

children. REVERSED.

Deborah M. Skelton, Walford, for appellant mother.

Brenna Bird, Attorney General, and Mackenzie Moran, Assistant Attorney

General, for appellee State.

Annette F. Martin, Cedar Rapids, attorney and guardian ad litem for minor

children.

Considered by Badding, P.J., Buller, J., and Potterfield, S.J.*

*Senior judge assigned by order pursuant to Iowa Code section 602.9206

(2023). 2

POTTERFIELD, Senior Judge.

The mother appeals the termination of her parental rights to two of her

children,1 K.B.-S. (born in 2016) and J.B. (born in 2019).2 She argues the State

failed to prove the statutory grounds for termination and the loss of her rights is not

in the children’s best interests due to the parent-child bonds. In the alternative,

she requests more time to work toward reunification.

I. Background Facts and Proceedings.

In early 2020, the mother—who has been diagnosed with depression,

anxiety, bipolar disorder, borderline personality disorder, and ADHD—was

struggling with her mental health. She sought help with parenting from the

children’s maternal grandfather and his significant other, Vicki; K.B.-S and J.B.

were placed in their care under a formal guardianship.

In July, the guardianship court expressed several concerns about the

guardianship, including whether the grandfather and Vicki were “on the same

page.” The court filed an order directing the Iowa Department of Health and

Human Services to investigate whether a child-in-need-of-assistance (CINA)

petition was needed. The department completed an assessment and concluded

a CINA petition was not warranted, noting that while the grandfather and Vicki were

ending their romantic relationship, they intended to work together to continue

caring for K.B.-S and J.B.

1 The mother gave birth to a third child in December 2022; that child was not part

of the termination proceedings and is not at issue here. 2 The fathers’ rights were also terminated. No father appeals. 3

In February 2021, the guardianship court asked the department to evaluate

again whether a CINA proceeding should be initiated. At that time, Vicki expressed

that she was willing to continue caring for J.B. and K.B.-S but did not want to retain

legal custody of the children. And the grandfather, who was no longer living with

Vicki, was not able to take over the physical care of the children due to his work

schedule. The State filed CINA petitions for both children.

The children were adjudicated CINA and, in May, the department was

ordered to take over legal custody of them.3 The children remained in Vicki’s care.

During roughly the first year the children were in the department’s custody,

the mother struggled with her mental health and the use of illegal substances,

including methamphetamine. The mother expressed some suicidal ideation—not

for the first time4—and was hospitalized at least once. As she later admitted, the

mother did not consistently take her mental-health medications as prescribed

during this period. She did, however, regularly attend scheduled visits with the

children, took advantage of “extra” visits that family members supervised, and had

frequent phone calls with the children. And she maintained the same housing she

had since the children lived with her before the voluntary guardianship.

In the department’s May 2022 report to the court (leading up to the

permanency hearing), the social worker opined that the mother was “strugg[ling]

with the current placement the children . . . due to Vicki not wanting to share

3 Apparently the guardianship was dissolved when the juvenile court became involved with the mother and children. 4 During a mental-health evaluation in August 2022, the mother reported “five to

ten suicide attempts over the course of her life, the most recent of which was [in] November” 2021. She also reported multiple hospitalizations for mental-health concerns over the course of her lifetime. 4

information about the children’s medical, play, therapy, dental, school, and

recreational activities (dance).” Following a hearing soon after, the children were

removed from Vicki’s care and placed with a foster family.5

By August 2022, the mother showed significant progress. She was

participating in outside services, including a community-based mental-health

service and met with the staff consistently. She was compliant with her mental-

health medication and, in a letter to the court, the program director noted the

mother “appear[ed] to be stable in functioning” and had not had any hospital stays

or psychiatric hospitalizations in 2022. The mother worked at a local fast food

restaurant thirty to thirty-five hours each week.6 She was engaged with a mental-

health therapist who was also a certified substance-abuse counselor. And she

participated in Narcotics Anonymous meetings. However, the mother continued

to have some drug tests that were positive for methamphetamine in spite of her

claimed sobriety date of March 29, 2022.7

5 In the termination order, the court explained the need for this change as a result

of the fact “[i]t had become apparent . . . that the placement of the children, [Vicki], was impeding reunification efforts.” 6 On August 10, the general manager of the store wrote an email in support of the

mother, calling her “nothing short of an amazing staff member!” and explaining that the mother was being trained to be a “person in charge” at the restaurant. The manager explained that since the mother was hired in April, she’s shown up to every shift, covered multiple shifts when needed, worked 12 hour days and had a good attitude and smile on her face the whole time. I can’t say what she’s like outside of work, but while she’s here she is very responsible and independent. We at Jimmy Johns would trust her with the store and hope to add to her list of [duties] soon. 7 Even at the time of the termination trial, which took place over three dates in

March and April 2023, the mother maintained her last use of methamphetamine or cocaine was March 29, 2022, and all later positive tests were due to exposure rather than ingestion. 5

Based on the results from drug tests, in which the mother consistently

participated, the mother maintained sobriety from August 3, 2022 until October 25,

2022. And because of these months of sobriety, her visits were changed to semi-

supervised. The change only lasted for about a month—until the mother provided

a urine test that was positive for cocaine and a sweat test that was positive for

methamphetamine—at which point they returned to fully supervised.

The mother gave birth to her third child in December 2022. He was removed

from her custody at his birth and placed in the care of the maternal grandmother;

the mother was allowed to move in with the maternal grandmother to be near and

help provide care for the child. And in early January 2023, the mother’s visits with

K.B.-S. and J.B. were again changed to semi-supervised after she went about six

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In the Interest of K.B.-S. and J.B., Minor Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kb-s-and-jb-minor-children-iowactapp-2023.