CourtListener 4514342•In the Interest of N.W., Minor Child
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF IOWA
No. 18-0778
Filed July 5, 2018
IN THE INTEREST OF N.W.,
Minor Child,
C.W., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Linn County, Susan F. Flaherty,
Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her child.
AFFIRMED.
Ryan P. Tang of Law Office of Ryan P. Tang P.C., Marion, for appellant
mother.
Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant
Attorney General, for appellee State.
Kimberly A. Opatz of Linn County Advocate, Cedar Rapids, guardian ad
litem for minor child.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
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DOYLE, Judge.
A mother appeals the termination of her parental rights to her child, N.W.,
arguing the State failed to prove the grounds for termination by clear and
convincing evidence and termination is not in the child’s best interests. We review
these claims de novo. See In re A.M., 843 N.W.2d 100, 110 (Iowa 2014). In doing
so, we are not bound by the juvenile court’s findings of fact, although we give them
weight, especially those concerning witness credibility. See id.
N.W. was removed from the mother’s care shortly after birth due to
concerns about the mother’s substance abuse. Although the mother’s older child
had been adjudicated to be a child in need of assistance (CINA) in 2016 due to the
mother’s use of methamphetamine while the child was in her care, the mother had
failed to engage in substance-abuse treatment before N.W.’s birth. The mother
tested positive for methamphetamine and cocaine while pregnant with N.W., and
N.W. tested positive for methamphetamine and cocaine at birth.
The juvenile court adjudicated N.W. to be a CINA. When the mother failed
to address her substance-abuse issues during the CINA proceedings, the State
filed a petition seeking to terminate the mother’s parental rights to N.W. Following
a hearing, the juvenile court terminated the mother’s parental rights to N.W.
pursuant to Iowa Code section 232.116(1)(h) (2017).
In order to terminate parental rights, the juvenile court must first find clear
and convincing evidence supporting one of the grounds for termination listed under
Iowa Code section 232.116(1). See In re D.W., 791 N.W.2d 703, 706 (Iowa 2010).
To terminate a parent’s rights under section 232.116(1)(h), clear and convincing
evidence must establish the following:
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(1) The child is three years of age or younger.
(2) The child has been adjudicated a [CINA] pursuant to
section 232.96.
(3) The child has been removed from the physical custody of
the child’s parents for at least six months of the last twelve months,
or for the last six consecutive months and any trial period at home
has been less than thirty days.
(4) There is clear and convincing evidence that the child
cannot be returned to the custody of the child’s parents as provided
in section 232.102 at the present time.
The mother does not dispute there is sufficient evidence to support the first
three requirements for termination under section 232.116(1)(h). Instead, she
challenges the sufficiency of the evidence supporting the fourth requirement,
claiming that “with the aid of services offered through the Department [of Human
Services (DHS)],” custody could be safely returned to her “under the protective
supervision of the [DHS].” The question is whether returning the child to the mother
at the time of the termination hearing would expose the child to the kind of harm
that would lead to a CINA adjudication. See Iowa Code § 232.116(1)(h)(4)
(requiring proof the child could not be returned to the parents “as provided in
section 232.102 at the present time”); D.W., 791 N.W.2d at 707 (interpreting the
term “at the present time” to mean “at the time of the termination hearing”); In re
M.M., 483 N.W.2d 812, 814 (Iowa 1992) (“[A] child cannot be returned to the parent
under Iowa Code section 232.102 if by doing so the child would be exposed to any
harm amounting to a new [CINA] adjudication.”).
Clear and convincing evidence shows the child could not be returned to the
mother’s care at the time of the termination hearing without exposing the child to
harm that would lead to a CINA adjudication. The mother was in a residential
treatment program at the time the termination hearing was held on January 19,
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2018. She had only begun the program on January 9, 2018, at which time she
tested positive for amphetamine. She was expected to remain in treatment until
February 7, 2018. In light of the mother’s lengthy history of substance abuse and
denial of the same, this meager start in addressing her substance-abuse issues
on the eve of termination is insufficient to support a finding the child could be
returned safely to the mother’s care.
We next turn to the mother’s claim that termination is not in N.W.’s best
interests. In making the best-interests determination, the primary considerations
are “the child’s safety,” “the best placement for furthering the long-term nurturing
and growth of the child,” and “the physical, mental, and emotional condition and
needs of the child.” In re P.L., 778 N.W.2d 33, 37 (Iowa 2010) (quoting Iowa Code
§ 232.116(2)). The “defining elements in a child’s best interest” are the child’s
safety and “need for a permanent home.” In re J.E., 723 N.W.2d 793, 802 (Iowa
2006) (Cady, J., concurring specially).
The mother argues that termination would be “detrimental” to N.W., citing
section 232.116(3)(c) (stating the court need not terminate parental rights if it finds
clear and convincing evidence that the termination would be detrimental to the
child due to the closeness of the parent-child relationship). The record does not
support her assertion. N.W. was removed from the mother’s care at two days of
age and has never been returned to the mother’s home. The mother’s only contact
with N.W. during N.W.’s short life has been during supervised visits. N.W.’s need
for permanency and safety outweigh any possible negative effects from
terminating the mother’s parental rights. Termination is in N.W.’s best interests.
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Accordingly, we affirm.
AFFIRMED.
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