IN THE INTEREST OF K.T.-L., K.T.-L., and K.L., Minor Children, L.L., Mother, Appellant, L.T., Father, Appellant.
from the Iowa District Court for Woodbury County, Brian L.
mother and a father separately appeal the termination of
their parental rights to their children. AFFIRMED ON BOTH
Van Wyhe of Van Wyhe Law Firm & Mediation Center, PLC,
Sioux City, for appellant mother.
Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey &
Daane, Sioux City, for appellant father.
J. Miller, Attorney General, and Ana Dixit, Assistant
Attorney General, for appellee State.
Michelle M. Hynes of Juvenile Law Center, Sioux City,
guardian ad litem for minor children.
Considered by Danilson, C.J., and Doyle and Mullins, JJ.
appeal concerns three children, two of whom are eligible for
enrollment in the Yankton Sioux Tribe. The juvenile court
terminated parental rights to the children pursuant to Iowa
Code chapter 236 (2017) and the provisions of the Indian
Child Welfare Act (ICWA), see generally Iowa Code
ch. 232B. The mother of the three children and the father of
the two youngest children have separately appealed the
termination of their parental rights.
Background Facts and Proceedings.
family's involvement with the juvenile court began in
2012 when the oldest child was adjudicated a child in need of
assistance (CINA) due to concerns about the mother's
alcohol and substance abuse. The Iowa Department of Human
Services offered the mother services to address those issues.
In spite of those efforts, the mother continued abusing drugs
and the middle child tested positive for methamphetamine at
birth in 2014. In 2015, the juvenile court ordered both
children be removed from the home and adjudicated the middle
child to be a CINA. The youngest child was born in 2016.
Shortly thereafter, the State petitioned to terminate
parental rights to the two oldest children. About six weeks
later, the parties agreed to suspend the termination
proceedings and a trial placement began to transition the two
oldest children back to the home. The petition for
termination of parental rights was dismissed in November
2016. In January 2017, both the mother and the father tested
positive for methamphetamine. The juvenile court ordered the
removal of all three children and adjudicated the youngest
child to be a CINA.
March 2017, the State again petitioned to terminate parental
rights to the two oldest children. A petition to terminate
parental rights to the youngest child followed in June 2017.
During two days of hearing held in August and September 2017,
the juvenile court heard testimony and received evidence
concerning the petitions for termination of parental rights
to all three children. The following month, the court entered
an order terminating the mother's parental rights to her
children pursuant to Iowa Code section 232.116(1)(d), (f),
(h),  and (l) and terminating the
father's parental rights to the two younger children
pursuant to section 232.116(1)(d), (h), and (l).
Both the mother and the father appealed.
Scope and Standard of Review.
review proceedings concerning the termination of parental
rights de novo. See In re D.W., 79 ...