IN THE INTEREST OF D.E., Minor Child, M.E., Mother, Appellant.
from the Iowa District Court for Pottawattamie County, Craig
M. Dreismeier, District Associate Judge.
mother appeals the termination of her parental rights.
Joseph Narmi, Council Bluffs, for appellant mother.
J. Miller, Attorney General, and John McCormally (until
withdrawal) and Anagha Dixit, Assistant Attorneys General,
for appellee State.
Roberta J. Megel, Council Bluffs, guardian ad litem for minor
Considered by Doyle, P.J., and Mullins and McDonald, JJ.
mother appeals the termination of her parental rights to her
child D.E., born in May 2017. She argues the State did not
establish termination was appropriate under Iowa Code section
232.116 (2018). She also asserts she was not provided
reasonable services for reunification. We affirm.
Statutory Framework and Standard of Review.
rights may be terminated under Iowa Code chapter 232 if the
following three conditions are true: (1) a "ground for
termination under section 232.116(1) has been
established" by clear and convincing evidence, (2)
"the best-interest framework as laid out in section
232.116(2) supports the termination of parental rights,"
and (3) none of the "exceptions in section 232.116(3)
apply to preclude termination of parental rights."
In re A.S., 906 N.W.2d 467, 472-73 (Iowa 2018). Our
review is de novo, which means we give the juvenile
court's findings of fact weight, especially the
court's credibility assessments, but we are not bound by
those findings. See M.D. v. K.A., 921 N.W.2d 229,
232 (Iowa 2018). "For evidence to be 'clear and
convincing,' it is merely necessary that there be no
serious or substantial doubt about the correctness of the
conclusion drawn from it." Raim v. Stancel, 339
N.W.2d 621, 624 (Iowa Ct. App. 1983); see also In re
M.W., 876 N.W.2d 212, 219 (Iowa 2016).
Background Facts and Proceedings.
came to the attention of the Iowa Department of Human
Services (DHS) shortly after the child's birth. It was
The hospital has held the baby a couple of extra days to
provide the mother with some supervision and additional
education in dealing with new born care and feeding issues.
The mother has some mental health issues of her own and also
is in an on again off again relationship with the child's
alleged father . . . . He tried to run over the mother 2
weeks before the child's birth and also said he was going
to kill the child when . . . it was born. The mother
continues to have contact with him. She is living with her
parents and her sister and both the grandmother and the
sister have mental health issues so there is concern
regarding the stability of the environment this child is in.
child was subsequently removed from the mother's care and
placed in foster care, where he has since remained. In July
2017, the child was ...