In the Interest of I.H., Minor Child
CourtCourt of Appeals of Iowa
Date FiledJuly 8, 2026
Docket26-0496
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 26-0496
Filed July 8, 2026
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In the Interest of I.H., Minor Child,
S.O., Father,
Appellant.
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Appeal from the Iowa District Court for Linn County,
The Honorable Cynthia S. Finley, Judge.
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AFFIRMED
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John J. Bishop, Cedar Rapids, attorney for appellant father.
Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney
General, attorneys for appellee State.
Rebecca Williams, Cedar Rapids, attorney and guardian ad litem for
minor child.
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Considered without oral argument
by Greer, P.J., and Buller and Langholz, JJ.
Opinion by Buller, J.
1
BULLER, Judge.
A father appeals the termination of his parental rights to a child born
in 2025. He challenges whether termination was in the child’s best interests
and whether the juvenile court should have granted additional time.
The Iowa Department of Health and Human Services (HHS) most
recently became involved with this family after the child at issue tested
positive at birth for amphetamine, methamphetamine, and Delta-9-THC.
HHS removed the child from the mother’s custody two days later and placed
the child in a foster home where the child’s older siblings reside. The parents’
rights to the older siblings were terminated in 2024. The child was
subsequently adjudicated as a child in need of assistance. HHS reports the
placement is stable, open to adopting the child, and that the child is bonding
with the older siblings.
Less than a month after the child was removed, the father was
incarcerated for a five-year eluding sentence. He is eligible for parole in
December 2026, and his tentative discharge date is December 2027.
According to an HHS case manager, any bond between the father and the
child was “minimal” given their limited contact before his incarceration.
The father did not participate in HHS services, including
substance-abuse or mental-health evaluations, or in drug testing. He
admitted that he had a history of substance abuse but claimed sobriety since
his incarceration. When asked about how he would maintain his sobriety
outside the confines of prison he responded “I kind of have a little bit of a
plan. Everything takes time.” The father also disclaimed having any
mental-health concerns despite a previous self-report. But he also admitted
that his substance abuse fed his mental-health issues in a “vicious circle.”
2
The juvenile court terminated the parental rights of both parents
under Iowa Code section 232.116(1)(g) and (h) (2025). The father appeals,
and we review de novo. In re W.M., 957 N.W.2d 305, 312 (Iowa 2021).
The father challenges whether termination of his parental rights was
in the best interests of the child and whether the court should have given him
an unspecified amount of additional time. As to the father’s first claim, the
father did not engage with any HHS services or participate in drug testing
before his incarceration. He also did not acknowledge concerns about his
admitted substance abuse and dismissed the claim he has any mental-health
issues. The father also essentially admitted he only “kind of” had a sobriety
plan for after his release. And while we don’t doubt that the father loves the
child, it does not outweigh the fact that the child is currently placed in a stable
home open to adoption and is bonding with siblings. On our de novo review,
we agree with the juvenile court that termination is in the child’s best
interests.
As to the second claim, as we understand it, the father requested
additional time to work for reunification under Iowa Code
section 232.104(2)(b). But the statutory six-month extension is only available
if the need for removal can be remedied in six months’ time. Iowa Code
§ 232.104(2)(b). Here, the termination trial occurred in February, so even
immediate parole upon eligibility in December would have the father still
incarcerated at the end of that hypothetical extension. And even if released,
he has not addressed his substance-abuse or mental-health issues, which will
require substantial work and pose different challenges once he is living in the
community. We affirm the juvenile court.
AFFIRMED.
3