In the Interest of L.T., L.T., and B.T., Minor Children

CourtCourt of Appeals of Iowa
DecidedOctober 29, 2025
Docket25-1233
StatusPublished

This text of In the Interest of L.T., L.T., and B.T., Minor Children (In the Interest of L.T., L.T., and B.T., 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.

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In the Interest of L.T., L.T., and B.T., Minor Children, (iowactapp 2025).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 25-1233 Filed October 29, 2025

IN THE INTEREST OF L.T., L.T., and B.T., Minor Children,

J.T., Mother, Appellant,

B.T., Child, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Clay County, Andrew Smith, Judge.

A mother and child separately appeal the termination of the mother’s

parental rights. AFFIRMED ON BOTH APPEALS.

Tyler J. Alger of Sandy Law Firm, P.C., Spirit Lake, for appellant mother.

Elizabeth K. Elsten, Spirit Lake, attorney for appellant minor child B.T.

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

General, for appellee State.

Debra S. De Jong of De Jong Law Firm, P.C., Orange City, attorney for

minor child L.T. and guardian ad litem for minor children L.T., L.T., and B.T.

Lisa K. Mazurek, Cherokee, attorney and guardian ad litem for minor child

L.T.

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

Langholz, JJ. Sandy, J., takes no part. 2

LANGHOLZ, Judge.

Three children were removed from their mother’s custody in November

2022 over concerns about the mother’s illegal substance use, mental-health

status, and inability to provide care and supervision for the children.1 But this was

not the first time the children were removed from their mother’s custody. It was the

fourth time the oldest child had been removed and the third time the younger two

had been removed from the mother’s custody through child-in-need-of-assistance

(“CINA”) proceedings. The last CINA proceedings had just closed in August 2022.

By the time of the July 2024 termination-and-permanency-review hearing, the

mother had made much progress, and the juvenile court declined to terminate her

parental rights and instead granted her six more months to work towards

reunification.2

The Iowa Department of Health and Human Services (“HHS”) started an

extended trial home visit, which allowed the mother to care for all three children

full-time. But it did not go well. The mother had difficulty attending to the children’s

unique mental-health needs, and the trial visit ended with the middle child going to

the hospital and the other two returning to their maternal grandparents. As a result,

the State again petitioned for termination of the mother’s parental rights. And after

the June 2025 termination hearing, the juvenile court terminated the mother’s

rights to all three children. The mother and the oldest child appeal.

1 We avoid using the parties’ names to respect their privacy because this opinion—

unlike the juvenile court’s orders—is public. Compare Iowa Code § 232.147(2) (2024), with id. §§ 602.4301(2), 602.5110; see also Iowa Ct. R. 21.25. 2 The juvenile court did terminate the parental rights of each of children’s fathers. 3

On our de novo review, we agree with the juvenile court. The oldest child

was not deprived of due process or the effective assistance of counsel at the

June 2025 termination hearing. The State proved a statutory ground for

termination under Iowa Code section 232.116(1)(f) as to the oldest child because

he could not be safely returned to the mother’s custody at the time of the

termination hearing. And we decline to apply any permissive statutory exception

to forgo termination of the mother’s rights to the oldest child. As for the mother’s

appeal, termination is in the children’s best interests because, although the

children share strong bonds with the mother, she cannot provide the care and

stability that each child requires. We thus affirm on both appeals.

I. Background Facts and Proceedings

Back in April 2013, HHS3 became involved with the mother and oldest child

when the mother was arrested during a traffic stop for possessing marijuana and

drug paraphernalia while the child was in the back seat of her vehicle. That

incident led to the removal of the child from the mother’s custody and his

adjudication as a child in need of assistance. While that CINA case was open, the

mother completed a chemical-dependency evaluation, which recommended she

complete intensive outpatient treatment. She also became pregnant with her

second child and expressed feeling overwhelmed with all that was expected of her.

But she regularly attended outpatient treatment and participated in additional

services offered to her. Removal of the child was short-lived, and he was returned

3 Before 2022, HHS was known as the Iowa Department of Human Services. But we consistently use its current name in this opinion. 4

to the mother in September. Then the mother gave birth to her second child in

November. And that CINA case closed in October 2014.

But by 2017, the family once again came to the attention of HHS. By that

time, the mother had given birth to her third child about twenty months before. And

HHS received reports that the mother’s third child was wandering around outdoors

alone and trying to cross a busy street. About a week later, the youngest was once

again found alone wandering around outdoors. The following month, the mother

called police to report she had been domestically abused by her paramour. Then

the youngest child was found running around outside unclothed while the mother

slept. The maternal grandfather reported to HHS that the mother suffered from

bipolar disorder and had previously been hospitalized for mental-health issues.

Still, HHS closed its investigation, and the mother took the children to

Las Vegas, Nevada. Las Vegas police found the family at a gas station after

responding to reports of the children walking barefoot on the hot concrete around

the gas station on a 108-degree July day; the children were dirty and had skin

rashes. The mother told the responding officers that she only had ninety-seven

cents and could not say what or when the children had last eaten, and she only

had a tent for the family to stay in. She talked to herself about her struggles,

needing more of the oldest child’s medication, and the Free Masons. She told the

officers that she had a history of bipolar disorder, schizophrenia, depression,

anxiety, and attention deficit hyperactivity disorder. And so, the children were

removed from the mother’s custody by a Nevada court. The mother was admitted

to a mental-health facility, and the children were returned to Iowa and placed in the 5

custody of their maternal grandparents. In September, an Iowa court adjudicated

the children as in need of assistance.

The mother returned to Iowa and completed an assessment, which

recommended she complete intensive outpatient treatment, obtain a mental-health

evaluation, abstain from mood-altering substances, and secure a sober support

system. For a while, the mother lived a “nomadic lifestyle,” staying with friends, at

shelters, and in a hotel. She suffered suicidal thoughts and stayed in a hospital

for five days. From there, the mother entered a residential treatment program—

where she was diagnosed with depression and bipolar disorder—and successfully

completed the program after two months. She then started intensive outpatient

treatment and therapy, and she was medication compliant. The juvenile court gave

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