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 W.B.

Court of Appeals of Iowa

August 1, 2018

IN THE INTEREST OF W.B., Minor Child, D.B., Mother, Appellant.

          Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.

         A mother appeals the termination of her parental rights to her child. AFFIRMED.

          Aaron H. Ginkens of Ginkens Law Firm, P.L.C., West Des Moines, for appellant mother.

          Thomas J. Miller, Attorney General, and Meredith L. Lamberti, Assistant Attorney General, for appellee State.

          Brent M. Pattison of Drake Legal Clinic, Des Moines, guardian ad litem for minor child.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          VAITHESWARAN, PRESIDING JUDGE

         A mother appeals the termination of her parental rights to her child, born in 2008. She contends (1) the record lacks clear and convincing evidence to support a finding the child could not be returned to her custody; (2) termination was not in the child's best interests; (3) termination was inappropriate, given the child's preferences and objection to termination and the closeness of the parent-child bond; and (4) the court should have placed the child in a guardianship in lieu of terminating her parental rights.

         I. Ground for Termination

         Iowa Code section 232.116(1)(f) (2017) requires proof of several elements, including proof the child cannot be returned to the parent's custody. The department of human services became involved with the family after the child's father assaulted the child's mother. The district court adjudicated the child in need of assistance, removed him from the father's custody, and allowed him to remain in the mother's custody. The mother actively participated in reunification services and abided by a no-contact order prohibiting interaction with the father.

         In time, the mother's progress waned. She was unsuccessfully discharged from a substance abuse treatment program, exposed herself and the child to dangerous men, violated the no-contact order, and threatened to assault a department employee. The district court placed temporary legal custody of the child with his paternal aunt, under department supervision. The aunt kept the child briefly but asked to end the placement due to the mother's behaviors towards her. The child was placed in foster care.

         Meanwhile, the mother again began working towards reunification. The department recommended returning the child to her custody, subject to department supervision. The district court granted the request.

         The reunification was short-lived. The mother violated the no-contact order and assaulted the father. The department asked to have the child removed from her custody. The district court granted the request.

         The State filed a petition to terminate the mother's parental rights. The district court granted the petition.[1] The ...


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.