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In re K.S.

Court of Appeals of Iowa

November 7, 2018

IN THE INTEREST OF K.S., Minor Child, W.S., Mother, Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge.

         The mother appeals the termination of her parental rights.

          Nina Forcier of Forcier Law Office, PLLC, Waterloo, for appellant mother.

          Thomas J. Miller, Attorney General, and John McCormally, Assistant Attorney General, for appellee State.

          Timothy M. Baldwin, Waterloo, guardian ad litem for minor child.

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

          POTTERFIELD, JUDGE.

         The mother appeals the termination of her parental rights to her child, K.S., born in 2017. The juvenile court terminated the mother's parental rights pursuant to Iowa Code section 232.116(1)(g), (h), and (l) (2018). On appeal, the mother claims there is not clear and convincing evidence to support the statutory grounds for termination, she should be given an additional six months to work toward reunification, termination is not in the child's best interests, and the parent-child bond weighs against termination.[1]

         In considering the mother's claims, we review the termination proceedings de novo. In re A.B., 815 N.W.2d 764, 773 (Iowa 2012).

         We begin by considering the statutory grounds. "When the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record." Id. at 774. We consider the grounds of section 232.116(1)(h), which allows the court to terminate parental rights if all of the following are met:

(1)The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance 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 ...

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