IN THE INTEREST OF N.S. and M.S., Minor Children, M.S., Father, Appellant, P.A., Mother, Appellant.
from the Iowa District Court for Polk County, Colin J. Witt,
District Associate Judge.
mother appeals the termination of her parental rights to two
children, and a father appeals the termination of his
parental rights to the older child.
D. Lubinus of Lubinus Law Firm, Des Moines, for appellant
Young of Parrish Kruidenier Dunn Boles Gribble Gentry Brown
& Bergmann, LLP, Des Moines, for appellant mother.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
C. Naanep, Des Moines, attorney for minor children.
Pope of Branstad Law, PLLC, Des Moines, guardian ad litem for
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
VAITHESWARAN, PRESIDING JUDGE.
appeal involves two children, born in 2009 and 2010. The
juvenile court terminated the mother's parental rights to
both children and the father's parental rights to the
older child. On appeal, both parents contend the State failed
to prove the grounds for termination cited by the court and
termination is not in the children's best interests.
juvenile court terminated the mother's parental rights
under four statutory provisions. We may affirm if we find
clear and convincing evidence to support any of the grounds.
See In re D.W., 791 N.W.2d 703, 706 (Iowa
2010). On our de novo review, we focus on Iowa Code section
232.116(1)(f) (2019), which requires proof of several
elements, including proof the child cannot be returned to the
family came to the attention of the department of human
services in 2016 after the mother gave birth to a child with
opiates in her system. That child is not a subject of this
appeal. Nor is the third of the mother's four children.
This appeal involves the first two children.
children were temporarily removed from the mother's
custody with her consent. The juvenile court later
adjudicated them in need of assistance. Although the mother
obtained a substance-abuse evaluation and completed an
extended outpatient drug-treatment program, she was
unsuccessfully discharged from another treatment program, and
the department reported that she ...