In the Interest of L.W., L.V., P.V., P.V., and K.V., Minor Child
CourtCourt of Appeals of Iowa
Date FiledJuly 8, 2026
Docket25-1801
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1801
Filed July 8, 2026
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In the Interest of L.W., L.V., P.V., P.V., and K.V., Minor Children,
J.P., Mother,
Appellant.
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Appeal from the Iowa District Court for Lee (South) County,
The Honorable Jonathan Stensvaag, Judge.
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AFFIRMED
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Patrick C. Brau of Brau Law Office, Mt Pleasant,
attorney for appellant mother.
Brenna Bird, Attorney General, and Mackenzie Moran,
Assistant Attorney General, attorneys for appellee State.
Heidi Van Winkle, Burlington, attorney
and guardian ad litem for minor children,
Kyler Massner of Cray Law Firm P.L.C., Burlington,
attorney and guardian ad litem for minor children L.W. and P.V.
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Considered without oral argument
by Tabor, C.J., and Greer and Buller, JJ.
Opinion by Tabor, C.J.
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TABOR, Chief Judge.
A mother, Jacqueline, appeals the juvenile court order terminating her
parental rights to her five children, ages thirteen, ten, nine, four, and three.
She challenges the statutory grounds for termination and the best-interests
determination and asks for more time. After reviewing the record, we find
she waived the first two issues, and an extension is unwarranted.1
I. Facts and Prior Proceedings
The Iowa Department of Health and Human Services removed the
children from parental custody in July 2024 after receiving reports that they
were unsupervised amid the mother’s ongoing addiction to
methamphetamine. At the time, Jacqueline admitted leaving them alone for
long periods without adequate food or money and being under the influence
of methamphetamine while caring for them. After removal, the department
placed the eldest child with his father, who likely will resume full custody.
The younger four children were placed with Jacqueline’s cousin, who is
willing to give them a permanent home.
After the removal, Jacqueline did little to regain custody of her
children. Despite court orders, she failed to provide drug tests, obtain a
substance-use evaluation, or participate in mental-health therapy. She missed
half of her visitations. At the termination hearing, she testified that she had
been using methamphetamine two or three times daily for the last eighteen
years. Throughout the proceedings, she was unemployed and had no stable
home other than her mother’s house.
1
We review termination proceedings de novo. In re A.B., 957 N.W.2d 280, 293
(Iowa 2021). “We are not bound by the factual findings of the juvenile court, though we
give them respectful consideration, particularly regarding credibility determinations.” Id.
2
Jacqueline started down a more promising path in spring 2025. In
March, she participated in a substance-use evaluation and in April she started
an inpatient treatment program with Alcohol & Drug Dependency Services
(ADDS) in Burlington. But she left that program after four days, citing
harassment by other participants. At the permanency hearing in May,
Jacqueline testified she had just entered another treatment program at Ivory
Plains in Adair. She then transferred to House of Mercy in Cedar Rapids,
which she completed successfully in July. She went to stay at her mother’s
home in West Point for several weeks, then moved to the Hightower halfway
house in Clinton in August.
The urinalysis she submitted when entering Hightower was negative
for illegal substances. But a hair stat test that same day was positive for
methamphetamine. At the termination hearing, a department social worker
testified that hair stat tests measure drug use in the prior ninety days,
meaning the use likely happened after she entered inpatient treatment in May
at Ivory Plains. This contradicted Jacqueline’s testimony that she last used
the day before entering Ivory Plains. And that contradicted her testimony at
the permanency hearing that she last used before entering ADDS. The
juvenile court found Jacqueline lacked credibility.
The juvenile court found grounds to terminate Jacqueline’s parental
rights under Iowa Code section 232.116(1) (2025), paragraphs (f ) and (h). 2
Jacqueline appeals.
2
The court also terminated the parental rights of the younger four children’s
father, who was incarcerated throughout the proceedings. He does not appeal.
3
II. Analysis
Termination cases involve three determinations: the statutory grounds
for termination, the best interests of the children, and permissive exceptions
to termination. In re W.T., 967 N.W.2d 315, 322 (Iowa 2021). At step one, the
State must prove a basis for termination under Iowa Code section 232.116(1).
Id. At step two, the State must show terminating the parent’s rights is in the
children’s best interests under section 232.116(2). Id. At the final step, a
parent may show exceptions to termination under section 232.116(3). Id. We
only address those steps that the parent disputes. See In re P.L., 778
N.W.2d 33, 40 (Iowa 2010).
Jacqueline’s petition on appeal contains two issue statements. The
first is that the juvenile court erred in refusing to return the children to her
or, in the alternative, refusing to grant her a six-month extension for
permanency under Iowa Code section 232.104. The second is that there
wasn’t clear and convincing evidence “that the children could not be
returned” to her custody and termination was not in the children’s best
interests. See Iowa Code § 232.116(1)(f )(4), (h)(4) (providing for termination
on clear and convincing evidence that the children “cannot be returned to
the custody of the child’s parents . . . at the present time”), (2) (setting out
the best-interests standard). Jacqueline does not argue how the proof falls
short on either the statutory ground or best interests. We deem those issues
waived. See In re L.A., 20 N.W.3d 529, 534 n.2 (Iowa Ct. App. 2025).
The only issue Jacqueline arguably raises with enough detail to address
is her request for a six-month extension: “Jacqueline believes that, although
she did not fully engage in services when the Petition was filed, she has
demonstrated by her continued inpatient treatment that she is committed to
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long-term sobriety and should have been given additional time to show that
her children could be returned to her safely.”
The juvenile court can deny the termination petition and postpone
permanency for six months if it determines that the need for the children’s
removal from their home will no longer exist after that postponement. Iowa
Code §§ 232.117(5), 232.104(2)(b). The court must “enumerate the specific
factors, conditions, or expected behavioral changes” that support its
determination. Id. § 232.104(2)(b). This record does not reveal those
supporting factors. True, Jacqueline finally began addressing her substance
use with successful completion of inpatient treatment. But that change
happened recently, and she has not shown any extended period of sobriety.
We hope her eleventh-hour efforts signal the start of her recovery, but we
cannot say that she will still be sober in six months; her eighteen years of daily
use and shifting stories about the positive hair stat test weigh against delaying
the children’s permanency. What’s more, concerns about her mental health
and unstable housing are unlikely to be resolved in six months.
AFFIRMED.
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