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Case No. 23-0954

In the Interest of K.B.-S. and J.B., Minor Children

L.B., Mother-Appellant

Attorney for Appellant Mother

Deborah M. Skelton

Attorney for Appellee State

Mackenzie Moran, Assistant Attorney General

Guardian ad Litem

Annette F. Martin

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0954
Date Published:
Sep 13, 2023
Summary

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  REVERSED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Dissent by Buller, J.  (14 pages)

            The mother appeals the termination of her parental rights to two of her children, K.B.-S. (born in 2016) and J.B. (born in 2019).  She argues the State failed to prove the statutory grounds for termination and the loss of her rights is not in the children’s best interests due to the parent-child bonds.  In the alternative, she requests more time to work toward reunification.  OPINION HOLDS: At the conclusion of the termination trial, the mother had not tested positive for cocaine or methamphetamine in more than six months and her mental health was stable for more than a year.  We reverse the termination of the mother’s parental rights and grant her six more months to work toward reunification.  DISSENT ASSERTS: In granting the mother additional time, I believe the majority opinion decides an issue that was not presented, litigated, or preserved. 

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