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In the Interest of A.D. and A.G., Minor Children
A.D. and A.G., Minor Children-Appellants
B.D., Mother-Appellant
Attorney for Appellant Mother
Alexandra M. Nelissen
Attorney for Appellants Minor Children
Sarah E. Dewein
Attorney for Appellee State
Mary A. Triick, Assistant Attorney General
Guardian ad Litem
Erin Mayfield
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Doyle, P.J., Schumacher, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (11 pages)
The juvenile court terminated the mother’s parental rights to twelve-year-old A.D. and ten-year-old A.G. pursuant to Iowa Code section 232.116(1)(f) (2020). Both the mother and the children challenge the termination on appeal. The children and the mother argue the children could have been returned to the mother’s care at the final day of the termination hearing and the termination petition should have been dismissed. In the alternative, the children and mother argue that a guardianship should have been established in lieu of terminating the mother’s rights because termination is not in the children’s best interests and permissive factors weigh against termination. OPINION HOLDS: We agree with the juvenile court that the children could not be returned to the mother’s care at the final day of the termination hearing, so the statutory ground for termination was met. We take the children’s steadfast desire to have their mother remain in their life, as well as the circumstances involving their older siblings, into consideration regarding the mother’s and the children’s request for a guardianship in lieu of termination. But establishing a guardianship would leave the children vulnerable to the uncertainty they have already experienced for too long; termination is in their best interests. We affirm on both appeals.
