In the Interest of W.G., Minor Child

CourtCourt of Appeals of Iowa
DecidedApril 1, 2026
Docket25-1916
StatusPublished

This text of In the Interest of W.G., Minor Child (In the Interest of W.G., 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 W.G., Minor Child, (iowactapp 2026).

Opinion

IN THE COURT OF APPEALS OF IOWA _______________

No. 25-1916 Filed April 1, 2026 _______________

In the Interest of W.G., Minor Child, K.M., Potential-Intervenor-Appellant. _______________

Appeal from the Iowa District Court for Linn County, The Honorable Angeline Johnston, Judge. _______________

AFFIRMED _______________

K.M., Cedar Falls, self-represented potential-intervenor-appellant.

Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney General, attorneys for appellee State.

Robin L. Himes of Linn County Advocate, Cedar Rapids, attorney and guardian ad litem for minor child. _______________

Considered without oral argument by Ahlers, P.J., and Buller and Sandy, JJ. Opinion by Buller, J.

1 BULLER, Judge.

In this case, we are asked: Can a biological parent whose rights to a child were terminated later intervene in the courts when that child is back in the juvenile-court system as a child in need of assistance (CINA)? We answer no, at least on the facts present here—where the biological mother has no recent relationship with the child. And we address an issue with artificial intelligence hallucinating case citations before assuming without deciding we can reach the merits.

BACKGROUND FACTS AND PROCEEDINGS In 2020, we affirmed on appeal the termination of K.M.’s parental rights to two children, including the child now known as W.G. In re A.M., No. 20-0116, 2020 WL 1881109, at *1 (Iowa Ct. App. Apr. 15, 2020). Following termination of K.M.’s rights, W.G. was adopted. Then, during a 2025 CINA case relating to that placement, W.G. was removed from his then- legal parents and they consented to termination of their rights.

At some point during this latest CINA case, the Iowa Department of Health and Human Services (HHS) sent notice of case developments to K.M. HHS now says that notice was sent in error. Regardless, K.M. subsequently moved to intervene, claiming she should be considered a relative of W.G. despite termination of her parental rights. The county attorney and W.G.’s guardian ad litem both resisted. Following multiple hearings, due in part to recusal of the first juvenile judge at K.M.’s request, the juvenile court denied her motion to intervene under the relevant statutory provisions and rules of civil procedure.

As to the statutory bases, the juvenile court recognized parties generally may intervene in juvenile cases if they have a statutory right to be

2 considered for custody. See In re B.B.M., 514 N.W.2d 425, 427–28 (Iowa 1994). As relevant here, the court considered whether K.M. was an “adult relative” under Iowa Code section 232.117(3)(b) (2025) or “fictive kin” under 232.117(3)(c). By definition, a “relative” does not include a parent (of the child or a sibling) whose parental rights to the child at issue were previously terminated. Iowa Code § 232.2(60). So the court ruled out the first provision. As for the second, “ʻfictive kin’ means an adult person who is not a relative of a child but who has an emotionally positive significant relationship with the child or the child’s family.” Id. § 232.2(24); cf. In re L.P., __ N.W.3d ___, ___, 2026 WL 705431, at *10–12 (Iowa 2026) (discussing “fictive kin”). K.M. has no meaningful relationship with W.G. and hasn’t since termination. So the juvenile court ruled out this provision too.

As for the rules of civil procedure, the juvenile court noted it had some discretion to permit K.M. to intervene even if she did not meet the statutory definitions. See Iowa R. Civ. P. 1.407(1). The court considered K.M.’s potential interest, including what if any of her legal rights the proceedings might affect. See In re A.G., 558 N.W.2d 400, 403 (Iowa 1997); B.B.M., 514 N.W.2d at 427–30. And the court concluded that K.M. lacked any definite interest that would support intervention because her parental rights to W.G. were terminated.

K.M. appeals pro se.1

1 We assume without deciding that K.M.’s appeal of the motion-to-intervene ruling may proceed as a matter of right or by discretionary review. We have some concern about the potential consequences of recognizing appeal as a matter of right in these circumstances, as we do not believe the General Assembly contemplated a parent whose rights were terminated could file endless motions to intervene or as-of-right appeal the same. Since neither party contests appellate jurisdiction, we leave this question for another day, and we grant extraordinary review to the extent necessary.

3 ARTIFICIAL INTELLIGENCE AND HALLUCINATED CASE CITATIONS After this case was transferred to our court, we discovered that K.M.’s petition on appeal appeared to have been drafted by or with the assistance of generative artificial intelligence (AI). It included at least one citation to a non- existent Iowa appellate decision and asserted multiple propositions of law that were nowhere to be found in the cited authorities. We recently addressed this issue in another case. See In re R.A, No. 24-1629, 2025 WL 2793560, at *2–4 (Iowa Ct. App. Oct. 1, 2025). Most pertinent here, we note that using AI in legal matters carries the risk of AI “hallucinating” or fabricating legal authorities that do not actually exist. See Thomas A. Mayes Artificial Intelligence, Special Education, and the Law: Risks, Rewards, and Opportunities for Leadership, 20 J. Bus. & Tech. L. 115, 121–22 (2025) (“[AI] may ʻsometimes even make up facts.’ This includes fabricating case citations, even if the proposition it is citing the case for is correct or misstating the holding of a case that exists.” (footnotes omitted)).

Like in R.A., we entered an order here directing K.M. to file copies of the problematic cases and providing that, if she was unable to do so, she was required to disclose whether she used AI to draft her petition on appeal. In her response to the court’s order, K.M. admitted that the case we believed to be hallucinated was in fact “non-existent” and her citation “d[id] not correspond to any Iowa appellate decision.” She also admitted that AI led her to “attribut[e] specific propositions” of law to a case in which those propositions “do not appear.” And she disclosed that she prepared the petition using the paid version of the AI tool Perplexity. See generally What Is Perplexity Pro?, Perplexity: Perplexity Help Center (Mar. 12, 2026), https://perma.cc/5DAL-2LXN.

4 K.M. went on to apologize to the court and opposing party, and she said that she believed she had verified the AI’s legal citations but now understood she “made mistakes.” She wrote that she “accept[ed] full responsibility for these errors.” And that she “underst[ood] that it is [her] duty—even as a pro se litigant—to independently verify that all case citations are real, correctly cited, and accurately described before filing them with the Court.”

On her duty, K.M. is correct as a matter of law: even self-represented litigants must “independently verify the authenticity and veracity of all sources and assertions” in their court filings. See Luke v. Dep’t of Health and Hum. Servs., 29 N.W.3d 635, 636 (Iowa Ct. App. 2025). This is because “Iowa law dictates that [a pro se] brief is judged by the same standard as a brief filed by an Iowa lawyer. The law does not judge by two standards, one of lawyers and another for non-lawyers.” In re Est. of DeTar, 572 N.W.2d 178, 180 (Iowa Ct. App. 1997) (internal citation omitted). While we appreciate that K.M. has expressly vowed, going forward, to independently check and verify all citations in her filings, that is the bare minimum we expect from litigants.

In her response, K.M.

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In the Interest of W.G., Minor Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-wg-minor-child-iowactapp-2026.