In the Interest of T.M., T.M., and T.M., Minor Children
B.B., Mother-Appellant
Attorney for Appellant Mother
Barbara Davis
Attorney for Appellee State
Natalie Hedberg, Assistant Attorney General
Guardian ad Litem
Tonya Ann Oetken
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. Special Concurrence by Greer, P.J. (7 pages)
A mother appeals the termination of her parental rights to her children under Iowa Code section 232.116(1)(e) and (f) (2025). OPINION HOLDS: Because the mother failed to contest termination under Iowa Code section 232.116(1)(e), we affirm on the unchallenged ground. We also find that termination is in the children’s best interests and decline to apply the permissive exception under section 232.116(3)(b). SPECIAL CONCURRENCE ASSERTS: I join the well-written majority; I write separately to express the frustration both the juvenile court and the participants, including the Iowa Department of Health and Human Services, must feel. In this case, the children were placed three hours or five hours from the mother while the proceedings were pending and best efforts to reunite the family were being made. It seems to me that the drought of placement options for children works against the reasonable-efforts obligation our legislature requires in trying to reunite endangered families.
