In the Interest of B.S. and A.S., Minor Children
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket26-1104
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 26-1104
Filed October 7, 2026
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In the Interest of B.S. and A.S., Minor Children,
T.S., Mother,
Appellant.
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Appeal from the Iowa District Court for Buena Vista County,
The Honorable Kristal L. Phillips, Judge.
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AFFIRMED
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Maura C. Goaley, Council Bluffs, attorney for appellant mother.
Brenna Bird, Attorney General, and Mackenzie Moran, Assistant Attorney
General, attorneys for appellee State.
Ryan Gaskins, Ida Grove, attorney and guardian ad litem for minor children.
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Considered without oral argument
by Ahlers, P.J., and Chicchelly and Langholz, JJ.
Opinion by Chicchelly, J.
1
CHICCHELLY, Judge.
A mother appeals the termination of her parental rights to B.S., born
in 2023, and A.S., born in 2021. 1 She argues the juvenile court erred in
finding that the State proved the statutory grounds for termination and in
finding that termination was in the children’s best interests. Upon our
review, we affirm the juvenile court’s termination of the mother’s parental
rights.
BACKGROUND FACTS AND PROCEEDINGS
The family came to the attention of the Iowa Department of Health
and Human Services (HHS) in July 2024 due to concerns about the use of
methamphetamine and other drugs by the mother and father and because the
mother assaulted the father in front of the children. The children were
removed from the mother’s custody and adjudicated children in need of
assistance (CINA) under Iowa Code section 232.96A(3)(b), (14), and (16)
(2024).
Since removal, the mother has struggled with drug use and her
sobriety. Furthermore, the mother has been charged with various crimes,
including distributing methamphetamine.
The termination hearing was held in May 2026. Following the
hearing, the juvenile court granted the State’s petition to terminate the
mother’s parental rights to both children under Iowa Code
section 232.116(1)(l) (2026). The court also terminated the mother’s
1
The father’s parental rights are not at issue on appeal.
2
parental rights to B.S. under section 232.116(1)(h). 2 The mother now
appeals.
STANDARD OF REVIEW
“Termination proceedings are reviewed de novo.” In re L.B., 970
N.W.2d 311, 313 (Iowa 2022). “We give weight to the [juvenile court’s]
factual findings but are not bound by them.” Id.
“We generally apply a three-step analysis to review termination of
parental rights. First, we consider whether there are statutory grounds for
termination. Second, we determine whether termination is in the best
interest of the child. Third, we consider whether we should exercise any of
the permissive exceptions for termination.” Id. (internal citations omitted).
However, we do not address a step if it is not raised by a parent. In re L.A.,
20 N.W.3d 529, 532 (Iowa Ct. App. 2025) (en banc).
DISCUSSION
The mother argues the State failed to prove the statutory grounds for
termination and that termination was not in the children’s best interests. We
address each argument in turn.
I. Statutory Grounds
We begin with the grounds for termination. “When the juvenile court
terminates parental rights on more than one statutory ground, we may affirm
2
This ground was also alleged in the termination petition as to A.S., who turned
four years old between the time the petition was filed and the termination hearing
occurred. See Iowa Code § 232.116(1)(h)(1) (requiring the child to be three years old or
younger). Because of this, the juvenile court declined to terminate the mother’s parental
rights on this ground as to A.S.
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the juvenile court’s order on any ground we find supported by the record.”
In re A.B., 815 N.W.2d 764, 774 (Iowa 2012).
We analyze the mother’s challenge to the statutory ground for
termination under Iowa Code section 232.116(1)(l). That section provides
that the juvenile court may terminate parental rights when:
(1) The child has been adjudicated a child in need of assistance
pursuant to section 232.96 and custody has been transferred from the
child’s parents for placement pursuant to section 232.102.
(2) The parent has a severe substance use disorder as described by
either of the following:
(a) The severe substance use disorder meets the definition for that
term as defined in the most current edition of the diagnostic and statistical
manual prepared by the American psychiatric association, and the parent
presents a danger to self or others as evidenced by prior acts.
(b) The disorder is evidenced by continued and repeated use
through the case, the parent’s refusal to obtain a substance use disorder
evaluation or treatment after given the opportunity to do so, and the parent
presents a danger to self or others as evidenced by prior acts.
(3) There is clear and convincing evidence that the parent’s
prognosis indicates that the child will not be able to be returned to the
custody of the parent within a reasonable period of time considering the
child’s age and need for a permanent home.
Iowa Code § 232.116(1)(l).
As to the first element, the children have been adjudicated CINA, and
custody has been transferred from the children’s parents.3
3
The record shows the children were originally removed from the custody of both
parents and placed in the temporary custody of HHS. However, the children have since
continued to reside in the father’s home after HHS no longer had any concern about his
drug use. Nonetheless, the mother has not had custody of the children since removal.
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Turning to the second element, it must be shown that the mother has
a severe substance-use disorder. We analyze this element under
subparagraph b. In August 2024, the mother was diagnosed with cocaine
dependence, cannabis abuse, and other stimulant use. By the time of the
termination hearing, the mother remained diagnosed with cannabis abuse,
alcohol abuse, and other stimulant abuse. In addition to these diagnoses, the
record shows that the mother has continually and repeatedly used drugs
throughout the case. While the mother has had various opportunities to
receive treatment, she has either refused to do so, or when she has, she has
not been consistent with her treatment.
The mother contends that while she struggled to maintain her sobriety
for part of the case, she has since found and maintained her sobriety. The
mother testified at the termination hearing that she had been sober for five
months. While we are sympathetic to the mother’s recent efforts to maintain
sobriety, they do not overcome her inconsistencies throughout the case. See
In re C.H., No. 09-0678, 2009 WL 1681054, at *2 (Iowa Ct. App. June 17,
2009) (“[The mother] testified that she had been sober for almost four
months. While we commend her recent efforts at sobriety, those efforts are
insufficient in light of her lengthy . . . history of substance abuse, past failed
attempts at treatment, and relapses during this case.”).
The mother’s prior acts are evidence that she is a danger to herself or
others. This case arose because the mother assaulted the children’s father in
front of the children while using methamphetamine. Moreover, at one point
in the case, HHS found that the mother had drugs, paraphernalia, and an
unsecured firearm in the home during visits with the children. Not only was
the mother using drugs, but she was also selling them, which eventually led
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to her being arrested for distributing methamphetamine. These acts put both
the mother and the children in danger.
Lastly, there is clear and convincing evidence that because of the
mother’s prognosis, the children will not be able to be returned to her custody
in a reasonable amount of time. We agree with the juvenile court’s finding in
the termination order:
Given [the mother’s] continued struggles with maintaining sobriety in the
twenty-one months this case has been open despite participating in both
outpatient and inpatient treatment services, the evidence is both clear and
convincing that the [children] will not be able to be returned to [the
mother’s] custody within a reasonable period of time.
The children should not be forced to wait for permanency in the hope that
one day their mother will overcome her substance use. See In re W.M., 957
N.W.2d 305, 314 (Iowa 2021) (“This is exactly the sort of case where we must
not deprive a child of permanency on the hope Mom will get better. Mom
clearly loves her children. Yet, we cannot deprive these children of a stable
home on the hope that Mom will someday be able to succeed in her efforts to
remain sober.”).
Thus, we find that the State proved a statutory ground for the
termination of the mother’s parental rights under Iowa Code
section 232.116(1)(l).
The mother also argues that the State failed to make reasonable efforts
“to eliminate the need for removal of the child[ren] or make it possible for
the child[ren] to safely return to the [mother’s] home.” Iowa Code
§ 232.102A(1)(a). “The State must show reasonable efforts as a part of its
ultimate proof the child[ren] cannot be safely returned to the care of a
parent.” In re C.B., 611 N.W.2d 489, 493 (Iowa 2000) (en banc).
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The mother admits that various services were offered throughout the
case, including visitation, substance-use evaluation and treatment, mental-
health evaluation, random drug screens, supervised visitation, relative
placement, inpatient treatment, and social work/case management.
However, the mother argues that HHS did not provide reasonable efforts
because visits occurred in public and because there was a lack of consistency
in service providers and transportation assistance.
The mother sought visits that were not in a public setting because of
her trauma from her involvement in the system as a child. While some visits
occurred in the mother’s home, visits were moved to public settings due to
safety concerns in the home. As noted, these concerns included the presence
of drugs in the home. There is nothing here to suggest a lack of reasonable
efforts, as “[a] child’s health and safety shall be the paramount concern in
making reasonable efforts.” Iowa Code § 232.102A(1)(a). While the mother
has preferences regarding where visits should occur, they do not overcome
the children’s safety.
We understand the mother’s frustration in the turnover of service
providers over the course of this case. However, this does not mean HHS
failed to make reasonable efforts. Rather, the record shows that HHS
maintained or attempted to maintain regular contact with the mother.
The record also shows that at times transportation was provided to the
mother so she could attend visits and treatments. Furthermore, the mother
was permitted to utilize telehealth to engage with services. Therefore, we
reject the mother’s claim that the State failed to make reasonable efforts.
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II. Best Interests
The mother also asserts that termination was not in the children’s best
interests. Under the best-interests analysis, we “give primary consideration
to the child[ren]’s safety, to the best placement for furthering the long-term
nurturing and growth of the child[ren], and to the physical, mental, and
emotional condition and needs of the child[ren].” Iowa Code § 232.116(2).
We find termination is in the children’s best interests. A May 2026
HHS report noted the children have “continued to thrive” in the father’s
custody. But the mother argues that the bond she has with the children
supports a finding that termination is not in their best interests. See L.A., 20
N.W.3d at 535 (holding that the bond between a parent and child should be
considered in the best-interests analysis). While the mother clearly loves her
children and a bond exists between them, the bond does not override the
children’s best interests in termination. See In re N.F., 579 N.W.2d 338, 341
(Iowa Ct. App. 1998) (noting that the parent-child bond “is not an overriding
consideration, but merely a factor to consider”).
As explained above, the mother’s prior acts raise serious concerns
about the children’s safety. The mother’s actions since the children were
removed from her custody illustrate that termination is in the children’s best
interests. See In re J.H., 952 N.W.2d 157, 172 (Iowa 2020) (“In determining
[the children’s] best interests, ‘we look to [the mother’s] past performance
because it may indicate the quality of care [she] is capable of providing in the
future.’” (citation omitted)). And while the mother has made recent efforts
to maintain her sobriety, “[i]t is well-settled law that 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
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and be able to provide a stable home for the child.” In re P.L., 778 N.W.2d 33,
41 (Iowa 2010).4
CONCLUSION
Because we find that the State proved a ground for termination under
Iowa Code section 232.116(1)(l) and termination is in the children’s best
interests, we affirm the termination of the mother’s parental rights.
AFFIRMED.
4
The mother alternatively argues the juvenile court should have entered a bridge
order under Iowa Code section 232.103A. However, a bridge order requires that the
CINA case can safely close. See Iowa Code § 232.103A(1)(e); see also In re L.M.,
No. 19-0426, 2019 WL 2373649, at *1 n.2 (Iowa Ct. App. June 5, 2019) (“We find
continued concerns for the children’s safety precluded the use of a bridge order in this
case.”). Additionally, “[e]ntry of a bridge order is not the preferred solution when there
is long-standing discord between the parents.” In re I.L., No. 25-0477, 2025 WL 2538875,
at *4 (Iowa Ct. App. Sep. 4, 2025). This case began because the mother assaulted the
father in front of the children, and the relationship between the parents has been strained
since. Thus, we conclude that the entry of a bridge order is not in the children’s best
interests.
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