IN THE INTEREST OF P.H., Minor Child, T.H., Father, Appellant, S.H., Mother, Appellant.
from the Iowa District Court for Chickasaw County, Linnea
M.N. Nicol, District Associate Judge.
mother and father both appeal the termination of their
parental rights to their one-year-old daughter.
Troge, Charles City, for appellant father.
Wilson of Elwood, O'Donohoe, Braun, White, LLP, Charles
City, for appellant mother.
J. Miller, Attorney General, and Anna T. Stoeffler (until
withdrawal) and Mary A. Triick, Assistant Attorneys General,
for appellee State.
Thalacker of the Juvenile Public Defender Office, Waterloo,
guardian ad litem for minor child.
Considered by Tabor, P.J., and Mullins and May, JJ.
appeal arises from the termination of parental rights of
Samantha and Travis to their one-year-old daughter, P.H. Each
parent appeals separately. Samantha contends the State did
not prove the statutory grounds for termination. Additionally
she contends the court erred in finding an additional period
of rehabilitation would not remedy the situation. Travis
appeals on similar grounds. The juvenile court found P.H.
could not be returned to her parents now or in the
foreseeable future and their rights should be terminated.
After reviewing the record and legal arguments presented,
reach the same result as the juvenile court.
Facts and Prior Proceedings
was born in May 2018. Her family came to the attention of the
Iowa Department of Human Services (DHS) in December 2017 when
Samantha was pregnant with P.H. Because Samantha tested
positive for methamphetamine during her pregnancy and Travis
was uncooperative, the court granted the DHS's request
for a temporary removal of P.H. following her birth. The DHS
returned the child to her parents in mid-June 2018. But the
next month, the DHS requested the temporary removal of P.H.
again after both parents missed multiple drug screenings.
Travis tested positive during a screening, and Samantha
provided a contaminated test. In late July, the DHS placed
P.H. with Samantha's sister and her
husband. Samantha and Travis maintained contact
with P.H. through supervised visits.
mid-August 2018 the court adjudicated P.H. as a child in need
of assistance (CINA), as defined in Iowa Code section
232.2(6)(c)(2) (2018), because both parents tested positive
for methamphetamine and Travis had been violent toward
early October 2018, the court adopted a permanency plan
listing changes that Samantha and Travis had to make for P.H.
to return to their custody safely. The plan directed Samantha
to participate in a substance-abuse evaluation and follow
through with the recommendations, individual therapy,
medication management, and random drug testing. The plan also
required Samantha to meet with the DHS worker monthly; meet
with the family safety, risk, and permanency (FSRP) provider
weekly; follow recommendations of the child's early
access evaluation; attend and participate in visitation; and
maintain safe and stable housing. The plan included the same
requirements for Travis-minus individual therapy and
medication management. Also if the couple planned to remain
together they needed to participate in couples counseling and
address their domestic-violence issue.
parent followed through with the plan. They attended only
four of thirteen requested drug tests. One time Samantha went
to the testing facility but she refused to submit to testing
when the monitor requested a hair sample. The parents also
failed to address the issue of ...