In the Interest of N.W., Minor Child
K.M., Mother-Appellant
Attorney for Appellant Mother
Aaron H. Ginkens
Attorney for Appellee State
Mackenzie Moran, Assistant Attorney General
Guardian ad Litem
Sandra C. Johnson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Ahlers, P.J. (7 pages)
A mother appeals the juvenile court’s order terminating her parental rights to her child. She argues that: (1) the State failed to prove a statutory ground for termination; (2) termination is not in the child’s best interest; (3) a permissive exception to termination should apply due to the closeness of the mother-child relationship; and (4) she should have been granted additional time to pursue reunification. OPINION HOLDS: The mother’s challenge to the statutory ground authorizing termination fails because both her trial testimony and appellate briefing acknowledge the child could not be returned to her custody at the time of the termination hearing. In light of the mother’s history of alcohol abuse and untreated mental-health concerns, we affirm the juvenile court’s finding that termination is in the child’s best interests. We also find the juvenile court properly declined to apply a permissive exception to termination and correctly denied the mother’s request for a six-month extension.
