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In re I.H.

Court of Appeals of Iowa

April 5, 2017

IN THE INTEREST OF I.H., Minor Child, B.F., Mother, Appellant.

         Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.

         A mother appeals the termination of her parental rights to her child.

         AFFIRMED.

          Joslyn N. Sailer of Sailer Law, P.L.L.C., Waterloo, for appellant mother.

          Thomas J. Miller, Attorney General, and Gretchen W. Kraemer, Assistant Attorney General, for appellee State.

          Melissa A. Anderson-Seeber, Waterloo, for minor child.

          Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.

          DANILSON, Chief Judge.

         A mother appeals the termination of her parental rights to her child, I.H., contending the juvenile court erred in finding grounds for termination, an exception applied to preclude the need for termination, and the mother should have been granted additional time to work toward reunification. Because the mother has failed to adequately participate in department of human services (DHS) services or take steps to address her substance-abuse issues, we affirm.

         I. Background Facts & Proceedings.

         I.H., born February 2016, tested positive for methamphetamine at birth. After the parents failed to comply with the safety plan and provide negative drug tests, I.H. was removed from their care on April 8, 2016. Following removal, the mother failed to actively participate in DHS services, address her substance-abuse issues, and acknowledge the domestic-violence issues in her relationship with the father.

         The termination hearing was held on January 5, 2017. In the January 31, 2017 termination order, the court explained the ongoing concerns:

[The mother] was only able to produce three negative drug tests in her first 16 attempts. Many of the attempts were actual no shows. She also produced a number of positive tests, tests that were diluted, and a refusal to wear a patch. [The mother] has not had a visit with her child since June of 2016. She then did appear for the following three drug tests and produced positive tests establishing methamphetamine use. She then began a long string of failing to appear for drug testing. She has failed ...

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