IN THE INTEREST OF A.P. and R.M., Minor Children, M.P., n/k/a M.M., Mother, Appellant.
from the Iowa District Court for Linn County, Barbara H.
Liesveld, District Associate Judge.
mother appeals from the order terminating her parental
D. Jacobsen of Jacobsen, Johnson and Wiezorek, P.L.C., Cedar
Rapids, for appellant mother.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Katherine M. Hartman Eastvold, Coralville, guardian ad litem
for minor children.
Considered by Danilson, C.J., and Doyle and Mullins, JJ.
DANILSON, Chief Judge.
mother appeals from the order terminating her parental rights
to A.P., pursuant to Iowa Code section 232.116(1)(f), and to
R.M., pursuant to section 232.116(1)(h), and as to both
children, pursuant to section 232.116(1)(g)
mother has a history with the juvenile court. Her parental
rights to an older child, N.P, were terminated in 2011. She
also has a child, T.P., who was removed from her care in 2012
after she and Joseph were found to be manufacturing
methamphetamine in their home and two-year-old T.P. tested
positive for methamphetamine.
mother placed her children-A.P., born in September
2013, and R.M., born in August 2015-in the care
of a cousin because she knew the children were not safe with
Joseph due to the parents' methamphetamine use and
domestic violence. The children were judicially removed from
parental custody pursuant to an emergency removal order on
February 29, 2016. On April 12, 2016, the juvenile court
found the children were in need of assistance (CINA) and
entered an adjudication/disposition order in which the court
noted the mother was in jail. The children have remained in
foster-care placement since that time with no trial period at
the mother's home.
mother has received numerous services during these
juvenile-court proceedings, including domestic-violence
counseling, drug testing, mental-health evaluation and
medication management, substance-abuse evaluation and
treatment, and supervised visits. Due to the mother's
participation with services and progress in maintaining her
sobriety, she was granted an extension of time to achieve
reunification in a permanency review order dated October 10,
time of a February 8, 2017 permanency hearing, the mother had
secured her own independent housing, continued to provide
clean drug screens, was employed, participated in appropriate
interactions with A.P. and R.M., was participating in family
team meetings, and was complying with the terms and
conditions of her criminal probation. She progressed to
unsupervised, overnight visits with the children.
mother gave birth to another child, C.N., in May 2017.
Unfortunately, both she and the infant tested positive for
methamphetamine. C.N. was placed for adoption. The mother
admitted to methamphetamine use and her visitation with A.P.
and R.M. returned to being fully supervised. The mother
tested positive for methamphetamine in June, July, and August
time of the termination trial on September 21, 2017, the
mother was in jail awaiting disposition of pending criminal
charges, including possession of methamphetamine, second or
subsequent offense; possession of drug paraphernalia; and
driving while license under suspension. There was also
pending an application to revoke her probation for three
counts of prohibited acts, for which the State was
recommending the mother be held in custody pending an opening
in a substance-abuse-treatment facility, where she would
remain for 365 days or until maximum benefits were achieved.