In the Interest of L.L., Minor Child
CourtCourt of Appeals of Iowa
Date FiledAugust 19, 2026
Docket26-0973
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 26-0973
Filed August 19, 2026
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In the Interest of L.L., Minor Child,
L.L., Father,
Appellant,
S.L., Mother,
Appellant.
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Appeal from the Iowa District Court for Davis County,
The Honorable Richelle Mahaffey, Judge.
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AFFIRMED ON BOTH APPEALS
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Julie De Vries of De Vries Law Office, PLC, Centerville, attorney for
appellant father.
Sarah Wenke, Ottumwa, attorney for appellant mother.
Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney
General, attorneys for appellee State.
Debra A. George of Griffing & George Law Firm, Centerville, attorney and
guardian ad litem for minor child.
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Considered without oral argument
by Tabor, C.J., and Buller and Sandy, JJ.
Opinion by Sandy, J.
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SANDY, Judge.
The juvenile court terminated the parental rights of a mother and
father of a child, born in 2023, following founded reports of physical abuse
toward the child. On appeal, the mother and father both challenge the
determination that termination is in the child’s best interests and argue that
the court erred by terminating their parental rights instead of placing the
child in a guardianship. We affirm.
BACKGROUND FACTS AND PROCEEDINGS
L.L. was born in 2023. The Iowa Department of Health and Human
Services (HHS) became involved with the family in April 2024 following
allegations that the father physically abused the child, resulting in bruises
around the child’s eye and a broken rib. The child was eight months old at
the time of the investigation. The child’s maternal grandmother also told
HHS that she observed bruising around the child’s eye, left cheek, and chest
when L.L. was four months old. The parents’ explanations for the child’s
injuries were inconsistent with observations made by medical professionals.
Based on HHS’s investigation and statements of medical professionals, the
child’s injuries were considered non-accidental.
L.L. was adjudicated to be a child in need of assistance (CINA) on
November 13, 2024. Throughout the CINA proceedings, the parents denied
knowledge as to how the child was injured until the father admitted he may
have bruised the child’s face when he was “playing . . . too rough” with L.L.
No explanation was given as to how the child received a broken rib. The
parents have not taken advantage of every opportunity to visit the child, and
have not actively participated in the child’s care, including the child’s
medical care, or in assisting with the child’s morning or evening routines.
The parents have declined to take responsibility for and have shifted blame
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about the abuse. They have repeatedly declined to change their schedules to
meet the child’s needs. Neither parent has meaningfully engaged in mental
health therapy.
Additionally, there are serious concerns about the condition of the
mother’s home, which was infested with mice and cockroaches at various
points during the case. There were mice droppings in the child’s toys, and
little progress has been made to improve the condition of the home since
April 2024. There was no hot water in the home at the time of trial. The
father had recently moved to a motel that the child cannot visit, as sex
offenders frequently reside at the motel, but he was looking for a new
residence at the time of trial.
After the court gave a six-month extension to the parents, the State
petitioned to terminate the mother’s and father’s parental rights on
February 17, 2026. The juvenile court terminated the parents’ rights on
May 20, and both parents appeal separately.
STANDARD OF REVIEW
“We review termination of parental rights proceedings de novo.” In re
J.H., 952 N.W.2d 157, 166 (Iowa 2020). “While we are not bound by the
juvenile court’s factual findings, we accord them weight, especially in
assessing witness credibility.” Id.
DISCUSSION
We use a three-step process to determine whether: (1) a statutory
ground for termination has been established, (2) termination is in the child’s
best interests, and (3) any permissive exceptions to termination should be
applied. In re A.B., 957 N.W.2d 280, 294 (Iowa 2021). If a parent does not
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challenge a step, we need not address it. In re P.L., 778 N.W.2d 33, 40
(Iowa 2010).
I. Best Interests
The parents do not challenge the grounds for termination. Both the
mother and father argue that termination was not in the best interests of the
child. Iowa Code section 232.116(2) (2026) provides that when deciding
“whether to terminate the rights of a parent under this section, the court
shall give primary consideration to the child’s safety, to the best placement
for furthering the long-term nurturing and growth of the child, and to the
physical, mental, and emotional condition and needs of the child.”
The father argues that terminating his parental rights would destroy
his bond with the child, which would not be in the child’s best interests. The
mother asserts the same—that it is clear from visits that she and the child
love one another—and that it would not negatively affect the child if the
mother were given more time to work toward reunification. But neither
parent has taken responsibility for nor has been able to provide an adequate
explanation as to how the child received a broken rib. The HHS case worker
testified that after the investigation, HHS determined L.L.’s broken rib was a
result of child abuse. And although the father participated in therapy, he and
his therapist never directly addressed the alleged abuse. The father only
worked on general mental health issues with the therapist without discussing
the actual incidents that triggered the HHS investigation.
We also have concerns about the child’s ability to return to living with
either the father or the mother. At the time of trial, the father testified that
he did not feel as though L.L. could visit him because he was living at a motel
where sex offenders are known to stay or live. The mother testified to her
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house not having hot water at the time of trial, as well as an ongoing
cockroach infestation.
Based on the parents’ inability to take responsibility for or explain how
the child received her injuries, lack of willingness to address the alleged abuse
in therapy, and inability to effectively engage with services, coupled with the
inability for the child to return to either of the parents’ residences,
termination is in the child’s best interests. We have no doubt the parents love
their child, but a parent’s love for their children is not enough to prevent
termination. See In re D.W., 791 N.W.2d 703, 709 (Iowa 2010).
The father separately asserts that his parental rights should not be
terminated because he was making progress to resume full-time care for the
child, and he had worked to ameliorate any harm caused to the child. He
claims he ameliorated the harm by admitting that he was “possibly playing
‘too rough’ with [the] child.” A parent must acknowledge and recognize
abuse “for any meaningful change to occur.” In re S.R., 600 N.W.2d 63, 65
(Iowa Ct. App. 1999). “Without this acknowledgment, the services provided
[are] not likely to be effective.” Id. The child suffered from two separate
physical injuries in two separate instances. The father has not accepted
responsibility for instances of physical harm to the child. The father has
engaged in some services, but we are doubtful about their effectiveness
considering his unwillingness to acknowledge the full extent of the abuse.
The father has not ameliorated the harm caused to the child.
II. Guardianship
Both parents argue the child should be placed in a guardianship with
L.L.’s maternal grandmother, as the child is already residing with her and
“[i]t is likely the child will continue to have contact with [the] parents”
regardless.
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“The court need not terminate the relationship between the parent
and child if . . . [a] relative has legal custody of the child.” Iowa Code
§ 232.116(3)(a). First, the child is not in a relative’s legal custody. The child
is in HHS’s legal custody. And “a guardianship is not a legally preferable
alternative to termination.” In re A.S., 906 N.W.2d 467, 477 (Iowa 2018)
(citation omitted). The child is doing well in the grandmother’s care
according to HHS. The record also shows there is still some conflict between
the parents and the child’s grandmother, and a guardianship would leave the
parents’ right to visit the child intact and limit the grandmother’s ability to
refuse them, potentially creating more conflict and instability for the child.
L.L. needs stability in a loving home, which she currently has. “We cannot
deprive a child of permanency after the State has proved a ground for
termination under section 232.116(1) by hoping someday a parent will learn
to be a parent and be able to provide a stable home for the child.” Id. at 474
(cleaned up). Given the contentious relationship between the parents and the
grandmother and the child’s need for stability, placing the child in a
guardianship is not appropriate.
AFFIRMED ON BOTH APPEALS.
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