IN THE INTEREST OF E.M., Minor Child, A.O., Mother, Appellant.
from the Iowa District Court for Pottawattamie County,
Charles D. Fagan, District Associate Judge.
mother appeals the termination of her parental rights.
Vanessa E. Strazdas of Strazdas Law, Council Bluffs, for
J. Miller, Attorney General, and John McCormally, Assistant
Attorney General, for appellee State.
Roberta J. P. Megel of the State Public Defender's
Office, Council Bluffs, guardian ad litem for minor child.
Considered by Danilson, C.J., and Doyle and Mullins, JJ.
was born in August 2015. Almost two years later, the juvenile
court terminated his mother's parental rights under Iowa
Code section 232.116(1)(h) and (l)
(2017). The mother now appeals, challenging both
grounds for termination found by the juvenile court. Insofar
as our review requires statutory construction, our review is
for correction of errors at law. See In re C.F.-H.,
889 N.W.2d 201, 203 (Iowa 2016). Otherwise, our review is de
novo. See In re M.W., 876 N.W.2d 212, 219 (Iowa
the court may terminate parental rights, it must find clear
and convincing evidence supporting one of the grounds for
termination listed under section 232.116(1). See id.
"On appeal, we may affirm the . . . order on any ground
that we find supported by clear and convincing
evidence." In re D.W., 791 N.W.2d 703, 707
(Iowa 2010). After reviewing the record in this case de novo,
we conclude grounds for termination exist under section
232.116(1)(h). Paragraph (h) of section 232.116(1) requires
the State to prove each of the following four elements:
(1)The child is three years of age or younger.
(2)The child has been adjudicated a child in need of
assistance [(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 ...