CourtListener 4242005•In the Interest of K.H., Minor Child, S.H., Mother
In the Interest of K.H., Minor Child, S.H., Mother
CourtListener 4242005Iowactapp27 lug 2016
Testo completo
IN THE COURT OF APPEALS OF IOWA
No. 16-0588
Filed July 27, 2016
IN THE INTEREST OF K.H.,
Minor child,
S.H., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Carroll County, Adria Kester,
District Associate Judge.
A mother appeals the termination of her parental rights to her child.
AFFIRMED.
Kevin E. Hobbs, West Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, and Kathrine S. Miller-Todd, Assistant
Attorney General, for appellee State.
Martha A. Sibbel of Law Office of Martha Sibbel, P.L.C., Carroll, for minor
child.
Considered by Danilson, C.J., and Vaitheswaran and Tabor, JJ.
2
VAITHESWARAN, Judge.
A mother appeals the termination of her parental rights to her child, born in
2013.1 She (1) challenges the grounds for termination cited by the district court
and (2) contends termination was not warranted given the closeness of the
parent-child bond.
I. The district court terminated the mother’s parental rights pursuant to two
provisions of the Iowa Code. We may affirm if we find clear and convincing
evidence to support either ground. See In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.
App. 1999). On our de novo review, we are persuaded the State proved grounds
for termination under Iowa Code section 232.116(1)(h) (2015). That provision
requires proof of several factors, including proof the child cannot be returned to
the parent’s custody.
The record reveals the following pertinent facts. The mother began using
opiates and other drugs eight years before the termination hearing. In 2012, she
also began abusing methamphetamine. Her son was born a year later with
methamphetamine and several other drugs in his system.
The mother continued to use methamphetamine after the child’s birth.
Within four months, the child was temporarily removed from her custody and was
placed in foster care. The mother stipulated to his adjudication as a child in need
of assistance.
Following a recommendation for long-term residential drug treatment, the
mother began a three-and-a-half month inpatient treatment program. After
graduating from this program, she transitioned to a halfway house where she
1
The father’s appeal was dismissed as untimely.
3
was allowed to have the child in her care. She completed the programming at
the halfway house and the district court returned the child to her under the
protective supervision of the department of human services.
The mother relapsed ten months after leaving the halfway house. In time,
a police officer found her two-year-old toddler on a road, dirty and covered in his
own feces. Two cars almost hit him. The child was immediately taken into
protective custody and was again placed in foster care.
The mother’s methamphetamine use did not abate. Approximately seven
months after her relapse, she re-entered the halfway house. She was still at the
facility when the termination hearings were held and hoped to remain there for
two years. Although she testified the child could immediately join her, a
department social worker declined to recommend this option, given her previous
track record.
We agree the child could not be returned to the mother’s custody in light of
her lengthy history of substance abuse, the intensive drug treatment services
afforded her, her limited success in maintaining her sobriety notwithstanding
these services, and the harm that befell her child as a result of her drug use.
II. The mother contends termination is not warranted given the closeness of
the parent-child bond. See In re P.L., 778 N.W.2d 33, 41 (Iowa 2010). The
department acknowledged the existence of this bond and made significant efforts
to foster it through trial home placements, overnight visits, and an earlier
recommendation to return the child to her custody. On our de novo review, we
are persuaded the mother was afforded sufficient time and services to address
her addictions and returning the child to the mother would have compromised his
4
safety. We conclude termination was warranted despite the bond she shared
with the child.
AFFIRMED.
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