IN THE INTEREST OF R.B. and M.G., Minor Children, N.B., Mother, Appellant.
from the Iowa District Court for Marshall County, Paul G.
Crawford, District Associate Judge.
mother appeals the juvenile court's termination of her
AFFIRMED. Laura A. Eilers of Peglow, O'Hare & See,
Marshalltown, for appellant mother.
J. Miller, Attorney General, and Anagha Dixit, Assistant
Attorney General, for appellee State.
Cowdrey of Public Defenders Office, Marshalltown, guardian ad
litem for minor children.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
mother appeals the juvenile court order terminating her
parental rights. We find there is clear and convincing
evidence in the record to support termination, termination is
in the children's best interests, no exceptions to
termination are applicable, and the Iowa Indian Child Welfare
Act (ICWA) requirements have been met. We affirm the decision
of the juvenile court terminating the mother's parental
Background Facts & Proceedings
the mother of R.B., born in 2005, and M.G., born in 2015.
N.B. and R.B. are members of the Sac and Fox Tribe of the
Mississippi of Iowa (the Tribe). M.G. is not a member of the
fall of 2016, N.B. left the children with family and friends
for extended periods. The caretakers did not have insurance
for or the authority to obtain medical care for the children.
The Iowa Department of Human Services (DHS) removed R.B. from
N.B.'s care on November 1, 2016. M.G. was removed November
15. DHS placed R.B. with a maternal great-aunt who is a
member of the Tribe. M.G. was placed with paternal
separate hearings in December 2016, the juvenile court
adjudicated R.B. and M.G. as children in need of assistance
(CINA): R.B. pursuant to Iowa Code section 232.2(6)(a),
(c)(2), and (e) (2016), and M.G. pursuant to section
232.2(6)(a), (c)(2), (g), and (j). N.B. did not appear at the
adjudication hearing for either child. The court held
dispositional hearings in January 2017, and the mother again
failed to appear. The court continued the CINA adjudications
and confirmed the placements. On June 1, the court entered
orders continuing the respective placements of R.B. and M.G.
N.B. did not attend the related hearings.
the course of the juvenile court proceedings, which lasted
more than a year, the mother visited with the children a
total of nine times, each visit lasting approximately two
hours. N.B. was actively using controlled
substances and had active warrants for her arrest throughout
the proceedings. She has not provided financial, emotional,
mental, or physical support or care for the children from the
time of the removals. N.B. discussed her need for treatment
with the DHS social worker and a social worker affiliated
with her Tribe and completed substance-abuse evaluations, but
did not pursue a placement available at an inpatient facility
or any other treatment. N.B. refused drug testing requested
by the DHS worker, was not in consistent or reliable contact
with her social worker or the children, and never established
a safe or stable place for the children to live with her.
December 6, the State filed a petition seeking termination of