In the Interest of N.B., Minor Child
CourtCourt of Appeals of Iowa
Date FiledNovember 4, 2026
Docket26-1214
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 26-1214
Filed November 4, 2026
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In the Interest of N.B., Minor Child,
M.S., Mother,
Appellant.
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Appeal from the Iowa District Court for Polk County,
The Honorable Rachael E. Seymour, Judge.
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AFFIRMED
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Cole J. Mayer of Juvenile Public Defender, Des Moines, attorney for
appellant mother.
Brenna Bird, Attorney General, and Michelle R. Becker, Assistant Attorney
General, attorneys for appellee State.
Nicole Garbis Nolan of Youth Law Center, Des Moines, attorney and
guardian ad litem for minor child.
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Considered without oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Buller, J.
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BULLER, Judge.
A mother appeals the termination of her parental rights to a child born
in 2019. She challenges the statutory grounds for termination, the denial of
additional time or a guardianship, and best interests, and she asserts her bond
with the child should preclude termination. We affirm.
Background Facts and Proceedings. The child has been involved
with the juvenile court system for the majority of her life. She tested positive
for morphine at birth. After a previous child-welfare case resolved in 2023,
the child came back to the attention of the Iowa Department of Health and
Human Services (HHS) in 2024 after police conducted a drug raid of the
mother’s home. Police discovered various marijuana products, all accessible
to the child. The child was removed and placed with the paternal
grandmother. After removal, the child tested positive for THC and was
adjudicated a child in need of assistance (CINA).
In fall 2025, an uncontested permanency hearing resulted in a six-
month extension for reunification based on the mother’s progress. Following
the permanency hearing, during an unsupervised visit with the child, the
mother invited over a man with an extensive criminal history. The man
became domestically violent with a third party in front of the child. The
mother attempted to lie about the incident until she was confronted with
conflicting reports from the child. This behavior was especially concerning
because the mother had influenced the child to lie and keep secrets for the
mother’s benefit in the past.
Before the permanency hearing, the mother had provided clean drug
screens. But in the six months leading up to the termination trial, the mother
failed to return drug patches and—according to text messages provided to
HHS—was attempting to buy Xanax on the street. The mother intentionally
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did not attend the termination trial. At trial, the social services worker was
concerned that being around drugs and domestic violence was a “cycle” for
the mother, and that she had been in that cycle for years. The worker also said
the mother “prioritiz[ed] her needs over [the child’s] safety.”
Consistent with recommendations from HHS, the county attorney,
and the child’s guardian ad litem, the court terminated the mother’s rights to
the child under Iowa Code section 232.116(1)(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).
Statutory Elements. The mother challenges both 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
challenges only the fourth element, whether the child could have been safely
returned to her at the time of trial. See In re W.T., 967 N.W.2d 315, 322
(Iowa 2021) (interpreting statutory language “at the present time” as “at the
time of” the termination trial).
At the outset, we recognize our record is limited in part by the
mother’s failure to attend the termination trial. As we have said before, “[I]t
is typically a tough road at trial and on appeal for any parent who does not
testify regarding their progress toward reunification.” In re L.F., No. 24-1141,
2024 WL 4620507, at *2 (Iowa Ct. App. Oct. 30, 2024). That observation
holds true here.
In her petition on appeal, the mother points to her limited progress
participating in services. But the child has been involved with HHS and the
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juvenile court for most of her life—the mother has had years of services to
make the necessary progress. The child had been removed for more than a
year at the time of the current termination trial. The child is young, and her
current familial placement offers the permanency and support she needs. We
also recognize 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). Although the mother progressed to unsupervised visits in this case, a
month later she exposed the child to a man with a criminal record who
became domestically violent in front of the child. The mother had also
slipped back into substance abuse during the last few months preceding trial.
The juvenile court properly determined the mother could not safely resume
custody.
Additional Time. The mother asserts she should have been granted
additional time to resume custody of the child 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.’”
W.T., 967 N.W.2d at 323 (quoting Iowa Code § 232.104(2)(b)). The parent
bears the burden to make that showing. Id.
Before reaching the merits, we question whether the mother preserved
error. At the termination trial, her attorney said her “main request” was for
a guardianship and briefly mentioned the previous six-month extension. But
she never requested a new extension. This likely leaves us no ruling to review.
But assuming without deciding we can reach the issue, we do not think this
record warrants additional time. The mother argues she has been making
continued progress. But the court had already granted her a six-month
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extension before the termination trial. And in those six months, it became
less likely she would be able to resume custody based on her ongoing
substance abuse and poor decision making, negatively impacting the child.
Guardianship. Alternatively, the mother argues the juvenile court
should have ordered a guardianship. Our case law recognizes that “a
guardianship is not a legally preferable alternative to termination.” In re A.S.,
906 N.W.2d 467, 477 (Iowa 2018) (quoting In re B.T., 894 N.W.2d 29, 32
(Iowa Ct. App. 2017)). A guardianship requires continued court involvement
and provides less stability for the child. See id. at 477–78. In N.B.’s case, the
HHS worker recommended against a guardianship because she thought it
would be “distressing” for the child to worry about whether she would
remain with her paternal grandmother in the future. We conclude that a
guardianship was not warranted for largely the same reasons that weighed
against additional time.
Best Interests. The mother argues that termination is not in the
child’s best interests. In our analysis, we “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.” Iowa Code § 232.116(2).
The juvenile court said it well:
[T]he safety concerns that led to removal continue to exist today. . . .
Mother has been involved with [HHS] since [the child’s] birth and
continues to make decisions that place both herself and this child in danger.
Mother’s lack of meaningful response to services shows an inability or
unwillingness to make necessary changes to have the child placed in her
care. . . . It is not in this child’s best interest to continue to suspend the
crucial days of childhood while the parents experiment with ways to face
up to their own problems.
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We agree with all those observations and the conclusion.
Permissive Bond Exception. The mother urges that the juvenile
court should have applied the permissive bond exception found in Iowa Code
section 232.116(3)(c) to thwart termination. A parent resisting termination
has the burden to prove this permissive exception by clear and convincing
evidence, and our case law recognizes that—without more—neither a
parent’s love nor the mere existence of a bond is enough to prevent
termination. In re A.B., 956 N.W.2d 162, 169–70 (Iowa 2021) (requiring clear
and convincing evidence severing the bond would be detrimental to the
child). We find the mother failed to carry her burden on this record,
especially considering her lack of participation in the termination trial. There
is little to no evidence in this record of the bond between the mother and
child or any potential detriment termination might cause.
AFFIRMED.
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