In the Interest of J.F., Minor Child ( 2023 )

IN THE COURT OF APPEALS OF IOWA
No. 23-0433
Filed May 10, 2023
IN THE INTEREST OF J.F.,
Minor Child,
V.F., Mother,
Appellant.
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Appeal from the Iowa District Court for Polk County, Kimberly Ayotte,
District Associate Judge.
A mother appeals the termination of her parental rights. AFFIRMED.
Jesse Macro Jr. of Macro & Kozlowski, LLP, West Des Moines, for appellant
mother.
Brenna Bird, Attorney General, and Mary A. Triick, Assistant Attorney
General, for appellee State.
Jeremy Evans of Carr Law Firm PLC, Des Moines, attorney and guardian
ad litem for minor child.
Considered by Bower, C.J., and Tabor and Greer, JJ.
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BOWER, Chief Judge.
The child was born prematurely in April 2022, at which time both mother
and child tested positive for methamphetamine—the mother did not know she was
pregnant. The child spent several days in the neonatal intensive care unit and
then about one month in the hospital. The mother has a significant history of
substance abuse, testifying the last time she was “sober and living in the
community” was in 2017.
The child was removed from the mother’s custody on May 16 and placed in
foster care upon his release from the hospital, was adjudicated a child in need of
assistance on June 15, and had been out of the mother’s custody for more than
six consecutive months prior to the termination-of-parental-rights trial, which was
held February 17, 2023. The mother was then serving a prison term for her
conviction of second-degree arson, with a release date in 2025; the child could not
be returned to the mother at that time. The juvenile court found termination of the
mother’s rights was proper under Iowa Code section 232.116(1)(h) (2022).
At trial, the mother requested an extension of time to seek reunification.
The court found:
The court can order a six-month extension if the court finds that the
child could likely be returned within six months. Again, the mother is
currently incarcerated with a tentative discharge date in August
2025. Her recall date is in May 2023. There is no guarantee that
she will be released at the time of her recall date. [The mother] states
her plan, if released, is to enter treatment at House of Mercy. [She]
was previously ordered to participate in treatment while at the Fresh
Start Women’s Facility and the Bridges program. She absconded
from treatment three times. Her past history is the best predictor of
the future. Given her poor history of follow through, the court would
need to see significant engagement and commitment to her
treatment before considering reunification. For all those reasons, the
court finds that reunification is not likely to occur within the next six
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months. None of the other permanency options are appropriate
either. There is no other parent available to transfer custody of the
child to. Guardianship is not appropriate given the age of the child,
his placement in this current home since birth, and foster home’s
desire to adopt.
The court noted,
The child is currently placed with a family that meets the criteria of a
long-term, nurturing home, and should not have to wait any longer
for a permanent home. Since termination and adoption are the
preferred methods of obtaining permanency for children who cannot
be returned to a parental home, the court finds termination is in the
child’s best interest.
The mother appeals, challenging the court’s finding that termination is in the
child’s best interests.1 She argues she should be granted additional time to be
released from prison and enter treatment in a program where the child can join
her. But we agree with the trial court. Giving “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 needs of the child,” we
conclude termination and adoption is in the child’s best interests. See Iowa Code
§ 232.116(2); P.L., 778 N.W.2d at 41 (“It is well-settled law that we cannot deprive
a child of permanency after the State has proved a ground for termination under
1 In our de novo review, we use a three-step analysis to review the termination of
parental rights. In re A.S., 906 N.W.2d 467, 472 (Iowa 2018). Those steps are
whether: (1) statutory grounds for termination have been established, (2)
termination is in the child’s best interests, and (3) we should exercise any of the
permissive exceptions to termination. Id. at 472–73. Because the mother does
not dispute the existence of the grounds under section 232.116(1)(h), we do not
have to discuss the first step. In re P.L., 778 N.W.2d 33, 40 (Iowa 2010). Her
passing reference to a “bond” with the child is not sufficient to show she carried
her burden to prove a permissive exception exists. See Iowa Code
§ 232.116(3)(c); A.S., 906 N.W.2d at 476 (noting “the parent resisting termination
bears the burden to establish an exception to termination”).
The father does not appeal.
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section 232.116(1) by hoping someday a parent will learn to be a parent and be
able to provide a stable home for the child.”). We affirm.
AFFIRMED.