In the Interest of E.L., Minor Child

IN THE COURT OF APPEALS OF IOWA
No. 18-1779
Filed February 20, 2019
IN THE INTEREST OF E.L.,
Minor Child,
L.C., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Union County, Monty Franklin,
District Associate Judge.
A mother appeals the termination of her parental rights to her child.
AFFIRMED.
Adam Kehrwald of Kehrwald Law Firm, Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, and Anagha Dixit, Assistant Attorney
General, for appellee State.
Melissa S. Larson of Melissa S. Larson, P.C., Greenfield, guardian ad litem
for minor child.
Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.
2
VAITHESWARAN, Judge.
A mother appeals the termination of her parental rights to her child, born in
2017. She contends the State failed to prove the grounds for termination cited by
the district court.
The mother had a history of substance abuse before and after her
pregnancy. She admitted to marijuana and alcohol usage throughout the
pregnancy and tested positive for amphetamines at two prenatal appointments.
She also admitted to being under the influence of alcohol when she delivered. The
child tested positive for THC and alcohol at birth and was discharged from the
hospital to the mother’s relatives.
The State petitioned to have the child adjudicated in need of assistance.
The district court granted the petition. Eventually, the State petitioned to terminate
the mother’s parental rights to the child. Following a hearing, the district court
granted the petition pursuant to Iowa Code section 232.116(1)(e), (h), and (l)
(2018).
The mother does not challenge the evidence supporting section
232.116(1)(l). Accordingly, we could summarily affirm the termination order under
that provision. See In re D.V., No. 02-1658, 2002 WL 31528674, at *1 (Iowa Ct.
App. Nov. 15, 2002) (“Although the trial court also cited section 232.116(1)(g) as
additional grounds for terminating R.B.’s parental rights, she does not appeal from
that determination. Her failure to do so waives any right to appeal that issue, and
we are accordingly required to affirm the trial court’s order terminating R.B.’s
parental rights.”). We elect to discuss one of the challenged grounds—section
232.116(1)(h).
3
Section 232.116(1)(h) requires proof of several elements including proof the
child could not be returned to the parent’s custody. The mother contends the State
failed to satisfy this element because she was employed at the time of the
termination hearing, “had her own residence,” and “was regularly attending church
and bible study as well as alcoholics anonymous.” On our de novo review, we
agree the mother made progress in these areas. However, her substance abuse
remained an issue. The department of human services caseworker stated,
“Throughout the case, even while she was in treatment, [the mother] struggled with
sobriety.” She tested positive for methamphetamine six months before the
termination hearing and she “blew two times the legal limit” for alcohol four months
before the termination hearing. As a result, she never transitioned beyond semi-
supervised visits with her child and, at the time of the termination hearing, her visits
were fully supervised.
We conclude the child could not be returned to the mother’s custody at the
time of the termination hearing. We affirm the termination of her parental rights
pursuant to Iowa Code section 232.116(1)(h).
AFFIRMED.