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 K.W.

Court of Appeals of Iowa

June 5, 2019

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

          Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.

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

          Maura C. Goaley, Council Bluffs, for appellant mother.

          Thomas J. Miller, Attorney General, and Anagha Dixit, Assistant Attorney General, for appellee State.

          Kyle McGinn, Council Bluffs, attorney and guardian ad litem for minor child.

          Considered by Potterfield, P.J., and Doyle and May, JJ.

          Doyle, Judge.

         A mother appeals the termination of her parental rights to her eleven-year-old child.[1] She contends the State failed to prove the grounds for termination by clear and convincing evidence. She also challenges the efforts made by the Iowa Department of Human Services (DHS) to return the child to her care and argues termination is contrary to the child's best interests. We review her claims de novo. In re L.T., 924 N.W.2d 521, 526 (Iowa 2019).

         The child was removed from the mother's care in July 2017 due to concerns about the mother's methamphetamine use and domestic violence in the home. In September 2017, the juvenile court adjudicated the child to be in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b), (c)(2), and (n) (2017). In the year that followed, the mother failed to demonstrate sobriety. Although she began outpatient treatment for substance abuse, her attendance was sporadic until January 2018 when she was discharged from the program due to her lack of attendance.

         The State filed a petition seeking to terminate the mother's parental rights in October 2018. The termination hearing was held in November. In a January 2019 order, the juvenile court terminated the mother's parental rights pursuant to Iowa Code section 232.116(1)(e), (f), and (l) (2018).

         I. Statutory Grounds.

         Because the juvenile court ordered termination on more than one statutory ground, we need only find grounds to terminate on one of the sections to affirm. In re T.S., 868 N.W.2d 425, 435 (Iowa Ct. App. 2015). In order to terminate a parent's rights pursuant to section 232.116(1)(f), the State must prove the following:

(1) The child is four years of age or older.
(2) The child has been adjudicated a child in need of assistance pursuant ...

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.