In the Interest of L.K., Minor Child

• Court: Court of Appeals of Iowa
• Decided: July 26, 2023
• Docket: 23-0619
• Status: Published

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-0619 Filed July 26, 2023

IN THE INTEREST OF L.K., Minor Child,

A.M., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Brent Pattison, District

Associate Judge.

A mother appeals the termination of her parental rights to a child.

AFFIRMED.

Cathleen J. Siebrecht of Siebrecht Law Firm, Pleasant Hill, for appellant

mother.

Brenna Bird, Attorney General, and Mary A. Triick (until withdrawal) and

Mackenzie Moran, Assistant Attorneys General, for appellee State.

Elizabeth Anna Hadwiger, Des Moines, attorney and guardian ad litem for

minor child.

Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. 2

CHICCHELLY, Judge.

A mother appeals the termination of her parental rights to a child, L.K. She

contends that L.K.’s best interests are not served by termination and instead weigh

in favor of a guardianship. Upon our de novo review, see In re Z.K., 973 N.W.2d

27, 32 (Iowa 2022), we affirm the order terminating the mother’s parental rights.

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

Human Services in January 2022 when L.K. was born with cocaine, gabapentin,

and THC in his system. In February, the juvenile court formally removed L.K. from

his parents’ custody and adjudicated him in need of assistance (CINA) based on

both parents’ drug use. The mother testified at the termination hearing that she

completed a sixteen-week course of inpatient treatment in April, but this claim was

not able to be verified. In fact, the record reflects the mother obtained a substance-

abuse evaluation in March and was recommended to attend intensive outpatient

treatment. She did provide drug screens with negative results in April and July.

She also completed SafeCare in July. A post from the mother’s SnapChat account

in November indicated that she was still battling substance abuse, although the

mother testified that post was a result of someone hacking her account. By

December, the mother was not engaged in treatment for substance abuse or her

mental health and was not participating consistently in visitation. She testified that

she was not recommended any mental-health services upon evaluation.

Between the permanency hearing in December and the termination hearing

in February 2023, the mother visited L.K. only once. She has never attended any

of L.K.’s medical appointments. The mother conceded during the termination

hearing that she was not able to resume custody of L.K. but proposed that a 3

guardianship be formed with his current placement. Based on the mother’s lack

of consistent visitation and participation in treatment, the juvenile court terminated

her parental rights under Iowa Code sections 232.116(1)(e) and (h) (2023).1

We begin with the mother’s contention that termination is not in L.K.’s best

interests. We determine a child’s best interests using the framework described in

section 232.116(2). See In re A.H.B., 791 N.W.2d 687, 690–91 (Iowa 2010). That

provision requires that we “give primary consideration to the child’s safety, to the

best placement for furthering the long-term nurturing and growth of the child, and

to the physical, mental, and emotional condition and needs of the child.” Iowa

Code § 232.116(2). The “defining elements” of the best-interests analysis are the

child’s safety and “need for a permanent home.” In re H.S., 805 N.W.2d 737, 748

(Iowa 2011) (citation omitted).

The mother notes that L.K. has resided with his half-sibling’s father, A.R.,

since the CINA proceedings began. She claims that she will continue to have

contact with L.K. through A.R. due to their custodial arrangement involving L.K.’s

half-sibling. On this basis, she argues that placing the child in a guardianship with

A.R., rather than terminating her parental rights, would serve the child’s best

interests. However, “a guardianship is not a legally preferable alternative to

termination.” In re A.S., 906 N.W.2d 467, 477 (Iowa 2018). The impermanent

nature of guardianships denies children the security and stability that a permanent

home provides. See Iowa Code § 633.675(1)(c) (stating that a guardianship must

terminate if the court determines it is no longer necessary); In re C.D., 509 N.W.2d

1 The mother does not challenge the grounds for termination. 4

509, 513 (Iowa Ct. App. 1993) (“[T]he permanency and stability needs of the

children must come first.”).

Because of L.K.’s age, any guardianship could last well over a decade.

Despite more than a year having elapsed between L.K.’s removal and the

termination hearing, the mother still cannot provide safety and stability for the child.

She has not maintained stable housing for herself, nor has she consistently

attended visits sufficient to establish a meaningful relationship with her child.

Although a long-term guardianship may serve the mother’s interests, it is not in the

best interests of L.K. The child’s caseworker and the guardian ad litem

recommended termination. Like the juvenile court, we conclude a long-term

guardianship will not provide the same stability and permanency to L.K. as

adoption. Termination is in the child’s best interests.

Finally, the mother asks us not to terminate her parental rights under

section 232.116(3)(a), which provides that the court need not terminate the parent-

child relationship if a relative has legal custody of the child.2 However, this

section does not apply because L.K. remained in the custody of HHS at the time

of the termination hearing. See In re I.V., No. 15-0608, 2015 WL 4486237, at *3

(Iowa Ct. App. July 22, 2015) (holding section 232.116(3)(a) does not apply when

HHS has legal custody of a child placed with a relative). Because the child is not

in the legal custody of a relative, termination cannot be avoided under

section 232.116(3)(a).

2 The parent of a sibling may be considered a relative. Iowa Code § 232.2(55).