Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re P.R.K.

Court of Appeals of Iowa

April 4, 2018

IN THE INTEREST OF P.R.K., B.L.K., and P.B.K., Minor Children, D.L., Mother, Appellant.

          Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.

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

          Vanessa E. Strazdas of Strazdas Law, Council Bluffs, for appellant mother.

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

          Marti D. Nerenstone, Council Bluffs, guardian ad litem for minor children.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          VOGEL, Presiding Judge.

         A mother appeals the termination of her parental rights to her children, asserting the State failed to prove the grounds for termination and the court should not have found termination is in the best interests of the children. Because we agree with the district court that the children could not be returned to the mother's care at the time of the termination hearing and termination is in the best interests of the children, we affirm.

         I. Background Facts and Proceedings

         On September 11, 2015, P.R.K., born in 2015; B.K., born in 2013; and P.B.K., born in 2011, came to the attention of the Iowa Department of Human Services (DHS) upon allegations the mother and father were using methamphetamine and there was domestic violence in the home.[1] The mother admitted to using marijuana before her most recent pregnancy and agreed to submit a hair-stat test on September 14. On September 15, the DHS learned the mother did not complete the hair-stat test, and the DHS was unable to make contact with the mother. On October 2, the mother complied with drug testing and tested positive for amphetamines, methamphetamine, codeine, and THC metabolites. The mother was directed to undergo a substance-abuse evaluation and comply with recommended services. The mother was also offered a variety of reunification services. On October 5, the children were removed from the mother's care and placed with their maternal great-grandmother, where they remained through the termination hearing.

          On November 9, the children were adjudicated as children in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2) and (n) (2015). A permanency order was entered on September 12, 2016, and the court determined the mother was not engaging in the services offered and had not utilized the visitation offered by the DHS. The DHS continued to offer the mother services to deal with her substance abuse as well as other areas of concern. With little, if any, progress being made, in October 2017, following a permanency review hearing, the court determined the children had been out of the mother's care for the past twenty-four months and the mother had not utilized the services offered. The court further found the mother had been incarcerated twice since removal of the children, with the most recent incarceration for possession of a controlled substance (methamphetamine) with the intent to deliver still pending resolution.

         Thereafter, the State filed a petition to terminate the mother's parental rights, which came on for hearing on January 8, 2018. The court issued its order on January 23, terminating the mother's parental rights under Iowa Code section 232.116(1)(e), (f), (h), and (l) (2017). The mother appeals.

         II. Standard of Review

         Our review of termination proceedings is de novo; we give weight to the district court's factual findings but we are not bound by them. I ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.