IN THE INTEREST OF A.S., Minor Child, R.S., Mother, Appellant, T.S., Father, Appellant.
from the Iowa District Court for Delaware County, Thomas J.
Straka, Associate Juvenile Judge.
mother and father separately appeal the termination of their
parental rights. AFFIRMED ON BOTH APPEALS.
R. Gonzales of Law Office of Cory R. Gonzales, Strawberry
Point, for appellant mother.
Matthew W. Boleyn of Reynolds & Kenline, L.L.P., Dubuque,
for appellant father.
J. Miller, Attorney General, and Ana Dixit, Assistant
Attorney General, for appellee.
H. Swift of Swift Law Firm, Manchester, guardian ad litem for
Considered by Vogel, P.J., and Tabor and Bower, JJ.
mother and father of A.S., born April 2015, separately appeal
the termination of their parental rights.
Background Facts and Proceedings
came to the attention of the Iowa Department of Human
Services (DHS) in July 2016, upon allegations the mother was
using illegal substances. She admitted to using
methamphetamine but refused to be drug tested. The results of
a hair-stat test conducted on both the father and A.S. were
positive for methamphetamine. The mother denied A.S.'s
safety was compromised by the drug use because the parents
had already voluntarily placed A.S. with his paternal
grandmother after A.S. tested positive for high levels of
lead in his system due to lead paint within the home. He has
remained in the grandmother's care since that time and
was adjudicated in need of assistance on October 27, 2016,
upon the stipulation that the parents had issues with
the course of the next many months, DHS offered extensive
services to both parents. With no sustained progress towards
reunification, the State petitioned to have both parent's
parental rights terminated. The matter came on for hearing on
July 25 and August 23, 2017, after which the mother's and
father's parental rights were both terminated under Iowa
Code section 232.116(1)(h) and (l) (2017).
Standard of Review
review termination proceedings de novo, giving weight to but
not being bound by the district court's fact findings.
In re M.W., 876 N.W.2d 212, 219 (Iowa 2016). There
must be clear and ...