In the Interest of L.M., B.S., and P.H., Minor Children
CourtCourt of Appeals of Iowa
Date FiledSeptember 2, 2026
Docket26-0842
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 26-0842
Filed September 2, 2026
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In the Interest of L.M., B.S., and P.H., Minor Children,
D.D., Mother,
Appellant.
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Appeal from the Iowa District Court for Cerro Gordo County,
The Honorable Adam D. Sauer, Judge.
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AFFIRMED
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Matthew B. De Jong, Rochester, Minnesota, attorney for appellant mother.
Brenna Bird, Attorney General, and Lisa Jeanes, Assistant Attorney
General, attorneys for appellee State.
Carrie J. Rodriguez, Garner, attorney and guardian ad litem for minor
children.
Sabrina M. Dow, Mason City, attorney for minor children.
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Considered without oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Tabor, C.J.
1
TABOR, Chief Judge.
A mother, Destiny, appeals the orders terminating her parental rights
to three children: P.H., born in 2012, L.M., born in 2016, and B.S., born in
2021. She contends the State did not prove by clear and convincing evidence
that termination was in the children’s best interests. She maintains that she
has made progress and “deserve[s] an additional six months to work towards
reunification.” Because the record contains ample evidence that securing safe
and permanent homes for these children—without further delay—will serve
their best interests, we affirm the termination order.1
We review child welfare cases de novo. In re A.B., 957 N.W.2d 280, 293
(Iowa 2021). We are not bound by the juvenile court’s factual findings, but
we give them respectful consideration, especially when assessing witness
credibility. Id. Because Destiny only challenges the best-interests
determination, we likewise limit our review.2 See In re P.L., 778 N.W.2d 33,
40 (Iowa 2010) (recognizing that while we typically analyze terminations in
three steps, we only review those steps challenged by the parent).
When making a best-interests determination, our top concern is the
children’s safety. Iowa Code § 232.116(2). We also consider the best
placement for furthering their long-term nurturing and growth and the
children’s physical, mental, and emotional conditions and needs. Id. We have
1
We do not address Destiny’s passing request to place the children in
guardianships because the juvenile court did not rule on that issue. See In re L.A., 20
N.W.3d 529, 533 (Iowa Ct. App. 2025) (en banc) (finding a parent failed to preserve error
on her guardianship request when the juvenile court did not rule on it).
2
The juvenile court terminated Destiny’s parental rights under Iowa Code
section 232.116(1), paragraphs (e) and (f ) (2026).
2
also confirmed that “the parent-child bond is a relevant consideration in the
best-interests analysis.” L.A., 20 N.W.3d at 535.
Some factual background helps frame this best-interests question.
Destiny’s persistent substance use is the main reason for the children’s
removal. The family came to the attention of the Iowa Department of Health
and Human Services in December 2024 when one of the children tested
positive for methamphetamine. The department implemented a safety plan
with services for Destiny. But she continued to struggle with addiction. And
the department removed the children in April 2025 after Destiny “packed
the children up and left” to avoid scheduled inpatient treatment. Destiny has
not participated in drug testing since then.3 And her visits with the children
have been inconsistent. In fact, months went by without contact.
On the positive side, when Destiny did have visits with the children,
they went well. The service provider described their interactions: “[S]he’s
very playful with them. She laughs with them, and they have . . . fun
together.” But the department caseworker worried that Destiny “appeared
to be more of a friend than a parent.” In the worker’s view, the danger to the
children posed by Destiny’s addiction outweighed the benefit of the bond.
And the children were also bonded to their current caregivers. At the
time of the termination hearing, fourteen-year-old P.H. and four-year-old
B.S. were in their grandmother’s care, while nine-year-old L.M. was placed
with his father. The department reported that the grandmother was working
3
Destiny testified that she did not have a driver’s license, so transportation was a
barrier to obtaining services. The service provider explained that the department offered
her transportation to drug testing and other services, but Destiny’s requests were “always
last minute to where it wasn’t feasible.”
3
hard to “build structure and routine and consistency,” which benefitted the
children. Likewise, L.M. was comfortable in his father’s care.
In her petition on appeal, Destiny emphasizes that she tried substance-
use treatment twice in 2025. She completed a new evaluation the day before
the termination hearing. 4 Counting that last-minute effort as progress,
Destiny seeks six more months to reunify with P.H., L.M., and B.S. The
juvenile code allows courts to postpone permanency for six months if the
need for the children’s removal will no longer exist after that postponement.
Iowa Code §§ 232.117(5), 232.104(2)(b). But to implement that option, we
must be able to “enumerate the specific factors, conditions, or expected
behavioral changes” that support our determination. Id. § 232.104(2)(b). We
cannot find those supporting factors here. At her new substance-use
evaluation, Destiny admitted to using methamphetamine less than a month
before the termination hearing. And her other attempts at treatment ended
swiftly.
Still, we commend Destiny for securing a substance-use evaluation.
But that new effort came far too late in the case to warrant an extension of
time or prevent termination of her parental rights. See L.A., 20 N.W.3d at 536.
She has not shown her ability to maintain sobriety so that she can provide a
safe environment for the children. Termination of her parental rights will
allow them to find stable, permanent placements. We thus affirm the
termination orders.
AFFIRMED.
4
Destiny, who was thirty-three years old, told the evaluator that she first used
methamphetamine when she was seventeen. According to her self-report, she had ten
years of sobriety before starting to use again at age twenty-eight.
4