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.M.

Court of Appeals of Iowa

January 9, 2020

IN THE INTEREST OF K.M., S.M., and N.M., Minor Children, N.M., Mother, Appellant, D.M., Father, Appellant.

          Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.

         A mother and father separately appeal from the termination of their parental rights.

          Heidi D. Van Winkle of Van Winkle Law Office, Burlington, for appellant mother.

          Andrew L. Mahoney of Crowley & Prill, Burlington, for appellant father.

          Thomas J. Miller, Attorney General, and Ellen Ramsey-Kacena, Assistant Attorney General, for appellee State.

          Brent Ruther of Aspelmeier, Fisch, Power, Engberg & Helling, PLC, Burlington, attorney and guardian ad litem for minor children.

          Considered by May, P.J., Greer, J., and Vogel, S.J. [*]

          MAY, PRESIDING JUDGE.

         A mother and father separately appeal from the termination of their parental rights to their children, K.M., S.M., and N.M. Both parents challenge the statutory grounds authorizing termination and whether termination was in the children's best interests. The father also argues the juvenile court should have granted additional time to work toward reunification.

         I. Facts and Prior Proceedings

         This family first came to the attention of the Iowa Department of Human Services (DHS) in 2015 due to concerns of neglect and the parents' use of methamphetamine.[1] At that time, the children[2] were adjudicated CINA and removed from the family home. Eventually, the children were returned to the parents, and the CINA proceedings were dismissed in November 2016.

         Unbeknownst to DHS, the parents resumed using methamphetamine in 2017.

         By March 2018, DHS became involved with the family again. The mother tested positive for methamphetamine and amphetamines. She then entered Hope House treatment facility. At the time, the father was in a halfway house for a probation violation. Less than a month after leaving the halfway house, the father tested positive for methamphetamine.

         By May 2018, both parents were on the run for probation violations.[3] During this time, they did not participate in DHS services, including visitation. And they continued to use methamphetamine. Both parents were eventually apprehended and incarcerated.

         Following her release, the mother elected to enter the House of Mercy treatment center in March 2019. While at House of Mercy, the mother engaged in several treatment and therapeutic programs.

         Also in March, the father was released from prison. He sought out DHS to inquire how to regain custody of the children. He found gainful employment and engaged in substance-abuse treatment three months after his release.

         The State petitioned for termination of both parents' parental rights. Following three days of testimony, the juvenile court terminated the parents' rights, pursuant to Iowa Code section 232.116(1)(h) (2019) with respect to K.M. and Iowa Code section 232.116(1)(f) with respect to N.M. and S.M.

         Both parents appeal.

         II. ...


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.