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Case No. 20-0562

In the Interest of B.F., B.L., and B.L., Minor Children

K.M., Mother-Appellant

Attorney for Appellant Mother

Shane P. O'Toole

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Kelsey Lynn Knight

Attorney for Minor Child B.F.

Erin Romar

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 02, 2020

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother, Katie, appeals the termination of her parental relationship to her three children: B.F., Ba.L., and Bl.L.  Katie argues the juvenile court erred in refusing to grant her an additional six months to work toward recovery and returning her children to her care.  She also challenges two statutory grounds for termination and contends the State failed to prove by clear and convincing evidence that her parental rights should be terminated pursuant to Iowa Code section 232.116(1) (2019), paragraphs (f) and (h).  Lastly, Katie argues termination is not in the children’s best interests.  OPINION HOLDS: Because the record reflects a history of repeated unsuccessful attempts at treatment, there is insufficient evidence to conclude that a need for removal will not exist in six months to justify an extension.  Also, Katie does not challenge, and therefore waives, any error related to the court’s finding the State proved the grounds for termination under section 232.116(1)(l).  Further, based on the significant mental-health challenges the children have already faced, we find the State showed, pursuant to section 232.116(2), that termination is in the children’s best interests.  Finally, no factor under section 232.116(3) warrants delaying termination.  We affirm the decision of the juvenile court.

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