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Case No. 20-0749

In the Interest of A.V., Minor Child

K.S., Mother-Appellant

Attorney for Appellant Mother

Barbara J. Westphal

Attorney for Appellee State

Meredith L. Lamberti, Assistant Attorney General

Guardian ad Litem

David Grooters

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 22, 2020

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: I. Because the juvenile court determined that continuing the hearing went against the child’s best interests, the juvenile court did not abuse its discretion in conducting the termination hearing telephonically rather than continuing it until after June 15, 2020.  II. The mother waived error on her claim that the evidence did not support the statutory grounds for termination under Iowa Code section 232.116(1)(h) (2020), and we may affirm on that ground.  Because termination is in the child’s best interests and none of the circumstances listed in section 232.116(3) apply, the statutory requirements for terminating the mother’s parental rights have been met.  III. We decline to grant the mother additional time to address the issues that led to the child’s removal and adjudication as in need of assistance because there is no basis for finding the need for the child’s removal will be eliminated in six months.

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