IN THE INTEREST OF J.B., Minor Child, BARBARA E. MANESS, guardian ad litem, Appellant.
from the Iowa District Court for Clinton County, Phillip J.
Tabor, District Associate Judge.
guardian ad litem for J.B., joined by the State, appeals both
the district court order dismissing the State's petition
to terminate parental rights and the permanency order
continuing reunification efforts with the mother.
Barbara E. Maness, Davenport, appellant.
J. Miller, Attorney General, and Anagha Dixit, Assistant
Attorney General, for appellee State.
A. Kroeger, LeClaire, for appellee mother.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Tabor, J. takes no part.
POTTERFIELD, PRESIDING JUDGE.
guardian ad litem (GAL) for J.B. and the State appeal the
district court's April 2018 permanency order continuing
reunification efforts and the court's dismissal order
finding the State failed to prove the grounds for the
termination-of-parental-rights petition as to the
mother. On appeal, the GAL argues the State proved
the grounds for termination under Iowa Code section
232.116(1)(d), (e), (h), (i), or (l) (2018) and
termination is in the best interests of the child.
Background Facts and Proceedings.
Iowa Department of Human Services (DHS) was first involved
with J.B. in March 2015 when his umbilical cord tested
positive for marijuana at birth. A founded child-abuse
assessment was completed at that time. The child remained in
his mother's care.
September 2016, DHS was alerted to concerns the mother was
using heroin. The mother tested positive for benzodiazepines,
methadone, and THC in a urine analysis. Both the mother and
J.B. tested positive for marijuana in a hair-stat test. J.B.
was placed with his maternal grandfather. The mother entered
a residential treatment facility for substance abuse in
October. J.B. was returned to the mother's care at the
treatment facility in December. In February 2017, the mother
tested positive for marijuana use. In April, the mother
tested positive for marijuana use again.
while still living in the residential treatment facility, the
mother admitted to picking up J.B. from daycare after using
inhalants to get high. J.B. was removed from her care and
again placed with his maternal grandfather. On the day of the
transition from the mother's care to the
grandfather's, J.B. was diagnosed with an ear infection
and was prescribed antibiotics. The mother failed to tell DHS
or the grandfather about J.B.'s diagnosis or prescription
for five days. That month, the treatment facility discharged
her from the program and recommended another program for her.
The mother did not follow through on the recommendation.
was adjudicated a child in need of assistance (CINA) in July.
From May to August, the mother did not participate in any
substance-abuse treatment and failed to consistently comply
with drug testing. The mother was admitted to a
substance-abuse treatment program in August. She tested
positive for marijuana use on August 11, September 14, and
mother has frequently missed visits with J.B. or failed to
comply with procedures confirming her visits. She missed
visitation four times in May, twice in June, once in July,
three times in August, once in October, and twice in
November. The mother was homeless after her release from the
residential treatment facility in ...