In the Interest of L.T. and E.N., Minor Children
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket26-0630
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 26-0630
Filed October 7, 2026
_______________
In the Interest of L.T. and E.N., Minor Children,
B.T., Mother,
Appellant.
_______________
Appeal from the Iowa District Court for Carroll County,
The Honorable Joseph McCarville, Judge.
_______________
AFFIRMED
_______________
Joel Baxter of Baxter & Wild Law Offices, P.C., Guthrie Center, attorney for
appellant mother.
Brenna Bird, Attorney General, and Tamara Knight, Assistant Attorney
General, attorneys for appellee State.
Jessica L. Morton of Bruner, Bruner, Reinhart & Morton, LLP, Carroll,
attorney and guardian ad litem for minor children.
_______________
Considered without oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Buller, J.
1
BULLER, Judge.
A mother appeals the termination of her parental rights to two children
born in 2017 and 2021. She challenges the denial of additional time and the
statutory grounds for termination. We affirm.
Background Facts and Proceedings. The children came to the
attention of the Iowa Department of Health and Human Services (HHS) in
2024, when the mother’s parents relayed concerns that the mother was using
methamphetamine. A few days after the county attorney requested the
children be adjudicated in-need-of-assistance (CINA), the older child walked
from the mother’s house to a neighbor’s home, crying and asking for his
grandparents, who were contacted and came to get the child, all without the
mother noticing the child was gone. The mother generally refused to comply
with HHS’s investigation and safety plan. Both children were removed; the
youngest was placed with his father, and the oldest with the maternal
grandparents.
During juvenile-court proceedings, the social services worker often
observed indicators of drug use by the mother. The department requested
frequent drug tests, and the mother almost always failed to attend them.
During visits, the mother would often get angry and yell at the children, make
critical comments about the children’s caretakers, and was generally
overwhelmed when trying to care for the children. At a visit one month
before trial, the social services worker nearly called the police when the
mother began acting violently and irrationally toward the children: the
mother asked one of the children if they were “still kicking [her] fucking
seat” during a short drive; while shopping at a store afterward, the mother
grabbed and threw one of the child’s toys. She then demanded the worker
2
call someone so she could take her children home while she and the children
cried. By trial, the mother described the visits as going “well.”
The mother obtained a substance-abuse evaluation in early 2026, but
she did not like the recommendation for extended outpatient treatment and
did not follow it. Days before trial, the mother obtained another substance-
abuse evaluation—without any information provided to HHS—and claimed
the new evaluation did not recommend treatment.
Consistent with recommendations from HHS, the county attorney,
and the children’s guardian ad litem, the court terminated the mother’s
rights to the children under Iowa Code section 232.116(1)(e), (f ) and (l)
(2026). The mother appeals, and we review de novo. See In re W.M.,
957 N.W.2d 305, 312 (Iowa 2021).
Additional Time. First, the mother asserts she should have been
granted additional time to resume custody of the children pursuant to Iowa
Code section 232.104(2)(b). “[T]he juvenile court may deny termination and
give the parent an additional six months for reunification only if the need for
removal ‘will no longer exist at the end of the additional six-month period.’”
In re W.T., 967 N.W.2d 315, 323 (Iowa 2021) (quoting Iowa Code
§ 232.104(2)(b)). The parent bears the burden to make that showing. Id.
The mother points to recent limited progress she had made toward
reunification, including substance-abuse testing and her improved
communication with social services. But this ignores her behavior
throughout the CINA proceedings—at least forty missed drug tests
(including ten in the three months before trial), missed scheduled visits, and
a pattern of noncompliance with social services. The mother’s recent
progress was not enough to meet her burden to prove she could safely resume
3
custody within six months. The juvenile court correctly denied the request
for additional time.
Statutory Elements. The mother challenges all statutory grounds for
termination. When a juvenile court terminates a parent’s rights on multiple
grounds, we need only find one statutory ground supported by clear and
convincing evidence to affirm. In re A.B., 815 N.W.2d 764, 774 (Iowa 2012).
We elect to review under section 232.116(1)(f ).
The mother made no argument as to the age, adjudication, and
removal elements; she only disputes the last element—whether the children
could have been safely returned to her at the time of trial. See W.T.,
967 N.W.2d at 322. Again, the mother points to the progress she made late in
the proceedings. But this ignores that the children never attended an
unsupervised visit at the mother’s home, and she has struggled supervising
both children when out in the community. She has yet to pursue substance-
abuse or mental-health treatment. The failure to progress to unsupervised
visits is an important consideration in determining whether a parent will be
able to safely resume custody. See, e.g., In re L.A., 20 N.W.3d 529, 533
(Iowa Ct. App. 2025) (en banc). HHS was unable to inspect the mother’s
most recent home—which she shares with an individual who has not
completed a background check—and could not determine if the mother
could provide safe housing for the children. Both children had been removed
for more than a year at the time of the termination trial. Both children are
fairly young, and their current familial placements offer the permanency and
support they need. The juvenile court properly determined the mother could
not safely resume custody of either child at the time of the termination
hearing.
AFFIRMED.
4