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In re L.S.

Court of Appeals of Iowa

January 24, 2018

IN THE INTEREST OF L.S., M.S., D.E., and X.H., Minor Children, J.S., Mother, Appellant.

         Appeal from the Iowa District Court for Ida County, Mary L. Timko, Associate Juvenile Judge.

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

          Peter A. Goldsmith of Boerner & Goldsmith Law Firm, P.C., Ida Grove, for appellant mother.

          Thomas J. Miller, Attorney General, and Ana Dixit, Assistant Attorney General, for appellee State.

          Lesley D. Rynell of Juvenile Law Center, Sioux City, guardian ad litem for minor children.

          Considered by Danilson, C.J., and Doyle and Mullins, JJ.

          DOYLE, JUDGE.

         A mother appeals the termination of her parental rights to her four children. She contends the State failed to prove the grounds for termination by clear and convincing evidence and termination is not in the children's best interests. She requests additional time to prove the children can be returned to her care. We review her claims de novo. See In re A.M., 843 N.W.2d 100, 110 (Iowa 2014).

         The juvenile court terminated the mother's parental rights to three of the children under Iowa Code section 232.116(1)(h) and (l) (2017), and to one of the children under (l). The court may terminate parental rights under section 232.116(1)(h) where clear and convincing evidence establishes the following:

(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 section 232.102 at the present time.

         Termination may occur under section 232.116(1)(l) where there is ...


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