IN THE INTEREST OF J.M., Minor Child, K.M., Mother, Appellant.
from the Iowa District Court for Cherokee County, Mary L.
Timko, Associate Juvenile Judge.
mother appeals a child in need of assistance permanency
Theresa Rachel of Fankhauser Rachel, PLC, Sioux City, for
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
D. Rynell, Sioux City, guardian ad litem for minor child.
Considered by Mullins, P.J., Bower, J., and Danilson, S.J.
DANILSON, SENIOR JUDGE.
mother appeals a child in need of assistance (CINA)
permanency order. We find the juvenile court properly denied
the mother's request to dismiss or modify the permanency
order placing the child in the care of the father. We affirm
the decision of the juvenile court.
Background Facts & Proceedings
the mother and C.M. is the father of J.M., born in 2010. The
parents were married but living separately and shared care of
the child. The mother has two older children, born in
2003 and 2006, who also lived in the home. The Iowa
Department of Human Services (DHS) became involved with the
family in November 2016 due to the mother's
methamphetamine use. The children were removed from the
mother's care on March 3, 2017. The children were placed
in the care of C.M.
children were adjudicated CINA. The mother tested positive
for methamphetamine in March and August 2017. The mother
participated in services, including an extended outpatient
treatment program for substance abuse and individual therapy
for mental-health concerns.
February 2018, the children were returned to the mother's
care on a trial basis but were returned to the care of the
father on April 19. The court found, "[I]t does appear
that the return home of the children has been fraught with
issues that have not been conducive to allowing the children
to be returned home full time." The court noted the
conditions in the mother's home were chaotic and caused
regression in J.M.'s behaviors.
mother tested positive for marijuana in October. In a
permanency order filed on October 29, the court noted J.M.
had been having extensive visitation with the mother but
determined the child should be placed in the sole care of the
father, pursuant to Iowa Code section 232.104(2)(d)(2)
(2018). The court found the two oldest children, who were
fifteen and twelve years old, should be placed in the
mother's care, as they "appear[ed] to be old enough
to self-care." These two children stated they did not
want to continue to live with C.M., who was not their
mother sought dismissal of the juvenile court proceedings.
The juvenile court entered an ...