In the Interest of A.L., Minor Child
CourtCourt of Appeals of Iowa
Date FiledNovember 4, 2026
Docket26-1170
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 26-1170
Filed November 4, 2026
_______________
In the Interest of A.L., Minor Child,
A.L., Mother,
Appellant.
_______________
Appeal from the Iowa District Court for Dickinson County,
The Honorable Shawna L. Ditsworth, Judge.
_______________
AFFIRMED
_______________
Pamela Wingert of Wingert Law Office, Spirit Lake,
attorney for appellant mother.
Brenna Bird, Attorney General, and Mackenzie Moran, Assistant Attorney
General, attorneys for appellee State.
Debra De Jong, Orange City, attorney and guardian ad litem
for minor child.
_______________
Considered without oral argument
by Ahlers, P.J., and Chicchelly and Langholz, JJ.
Opinion by Langholz, J.
1
LANGHOLZ, Judge.
A mother appeals the juvenile court’s order terminating her parental
rights to her two-year-old daughter.1 She argues that termination is not in the
daughter’s best interest and that the parent-child-bond exception under Iowa
Code section 232.116(3)(c) (2026) should apply to preclude termination. But
on our de novo review, we agree with the juvenile court that the record shows
that the mother’s “methamphetamine use is ongoing and remains a barrier
to being a safe parent” to the daughter. And we cannot find that the
disadvantage of termination overcomes the mother’s inability to provide for
her young daughter’s developing needs. So despite the bond between the
mother and the daughter, the daughter’s best interest is served by terminating
the mother’s parental rights, and it is not appropriate to apply a permissive
exception to preclude termination. We thus affirm the juvenile court’s order
terminating the mother’s parental rights.
I. Background Facts and Proceedings
In November 2024, the Iowa Department of Health and Human
Services (“HHS”) received a report that the mother “was driving while
intoxicated” with her then-one-year-old daughter “sitting on her lap in the
driver’s seat.” The mother tested positive for methamphetamine about two
months later “after using in a Walmart bathroom” while she was at the store
with the daughter. The mother then entered a twenty-eight-day inpatient
substance-use treatment program, which she successfully completed. But a
few months later, HHS “got a call stating that [the mother] had relapsed again
1
The juvenile court also terminated the father’s parental rights. He does not
appeal. We avoid using the parties’ names to respect their privacy because this opinion—
unlike the juvenile court’s orders—is public. Compare Iowa Code § 232.147(2) (2026),
with id. §§ 602.4301(2), 602.5110; see also Iowa Ct. R. 21.25.
2
. . . outside her home in a vehicle with a friend while [the daughter] was in the
home.” Based on these facts, the State petitioned for the daughter to be
adjudicated as a child in need of assistance in April 2025.
Later that month, the juvenile court ordered that the daughter be
temporarily removed from the mother’s custody after HHS reported that the
mother drank at a bar while caring for the daughter and again tested positive
for methamphetamine. HHS placed the daughter in foster care, where she
has remained with the same foster family throughout this case. The court
adjudicated the daughter as a child in need of assistance in May 2025.
Over the next several months, the mother attended inpatient and
outpatient substance-use and mental-health treatment and participated in
drug court. She also engaged in supervised visits with the daughter. But she
admittedly “struggle[d] to remain clean” and “continued to use
methamphetamines.” Then, in January 2026, the mother successfully
completed another inpatient substance-use treatment program. The next
month, she achieved forty-five days of sobriety and progressed to semi-
supervised visits with the daughter. Based on her progress, the juvenile court
granted a six-month extension for the mother to continue working toward
reunification after the permanency hearing in March.
Unfortunately, the mother’s progress was short-lived. Around the
time of the permanency hearing, she relapsed again. Her visits with the
daughter “moved back to fully supervised due to [her] recent meth use.” And
in April, the State petitioned to terminate her parental rights. The mother
entered another inpatient substance-use treatment program later that month,
which she successfully completed. But three days after her discharge, she
again used methamphetamine.
3
The juvenile court held a combined permanency-review and
termination hearing in June 2026—fourteen months after the daughter’s
removal from the mother’s custody. During the hearing, the court heard
testimony from the mother’s drug-court probation officer, the HHS worker,
a family-centered-services worker, and the mother.
The probation officer testified that the mother admitted to last using
methamphetamine the day before the hearing. And the HHS worker testified
that the daughter could not be returned to the mother’s custody at the time
of the hearing due to the mother’s “drug use” and “inability to stay and
remain sober.” The HHS worker believed that the mother and the daughter
“have a good bond” but did not “believe that [the daughter] would be
irrevocably harmed by termination.” The HHS worker also testified that the
daughter was “doing very well” in her foster family’s home and had “a strong
safe bond” with the foster parents. The family-centered-services worker
testified that the mother made the daughter meals and had activities planned
for her during visits. She also recalled “there were times that [the daughter]
. . . would cry” and not want to leave the mother at the end of her visits.
The mother testified that her bond with the daughter “keeps getting
better as [the daughter] gets older.” She explained the daughter showed
affection for her “more and more” during visits through “things like hugs
and cuddles.” The mother also acknowledged that she had “been using for
decades,” that she “struggled” to remain sober, and that she “got high” the
day before the hearing because she was “stressed out.” But she insisted that
she was “not giving up” on her recovery and that she “want[ed] to be a good
mom.” Ultimately, the mother asked “for additional time to achieve
reunification”—emphasizing the “new supports that [she had] found for
herself” and her “growing bond with her daughter that is not easily severed.”
4
After the hearing, the juvenile court denied the mother’s request for
more time and terminated her parental rights under Iowa Code section
232.116(1)(h) and (l)—concluding that the State proved the statutory
grounds for termination by clear and convincing evidence, termination is in
the daughter’s best interest, and no permissive exceptions to termination
should apply. The mother now appeals.
II. The Daughter’s Best Interest
Terminating parental rights under Iowa Code chapter 232 follows a
three-step process. In re L.B., 970 N.W.2d 311, 313 (Iowa 2022). First, the
State must prove a statutory ground for termination. Id. Second, the State
must show that termination is in the best interest of the child. Id. And third,
the parent bears the burden to show whether a permissive exception applies
that should preclude termination. Id.; see also In re A.S., 906 N.W.2d 467, 476
(Iowa 2018). We need not address any step not challenged by a parent. See In
re P.L., 778 N.W.2d 33, 40 (Iowa 2010). We review a termination decision de
novo, giving “respectful consideration” to the juvenile court’s factual
findings, especially when based on credibility determinations. In re W.M.,
957 N.W.2d 305, 312 (Iowa 2021).
The mother does not challenge the statutory grounds. Instead, she
first argues that termination is not in the daughter’s best interest. The child’s
best interest is the “paramount concern in a termination proceeding.” L.B.,
970 N.W.2d at 313. We consider both the child’s long-range and immediate
best interests. See In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). And we must
“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); see also In re M.W., 876 N.W.2d 212, 224 (Iowa 2016).
5
The mother contends that the “juvenile court erred in failing to
recognize that [she] had demonstrated an ability to live a sober life” and in
failing “to give appropriate consideration to the close bond between [the]
mother and daughter.” But on our de novo review, we agree with the juvenile
court that the record shows the mother’s “methamphetamine use is ongoing
and remains a barrier to being a safe parent” to the daughter—despite the
mother’s participation in substance-use treatment and recovery services for
more than a year since the daughter’s removal from her custody. See In re
A.B., 815 N.W.2d 764, 776 (Iowa 2012) (“We have long recognized that an
unresolved, severe, and chronic drug addiction can render a parent unfit to
raise children.”); see also In re C.M., No. 18-0600, 2018 WL 3650355, at *2
(Iowa Ct. App. Aug. 1, 2018) (finding that a parent’s “failure to attain long-
lasting sobriety has a direct, negative impact on [the parent’s] ability to
provide for [the] child’s long-term growth and physical, mental, and
emotional well-being”).
And while “the parent-child bond is a relevant consideration in the
best-interests analysis,” In re L.A., 20 N.W.3d 529, 535 (Iowa Ct. App. 2025)
(en banc), the “defining elements in a child’s best interests” are the “child’s
safety” and “need for a permanent home.” In re H.S., 805 N.W.2d 737, 748
(Iowa 2011) (cleaned up). We thus agree with the juvenile court that despite
the bond between the mother and the daughter, the daughter’s best interest
is served by terminating the mother’s parental rights so that the daughter can
achieve permanency in a stable home with safe and sober caregivers. See In re
A.M., 843 N.W.2d 100, 112 (Iowa 2014) (“It is well-settled law that we cannot
deprive a child of permanency after the State has proved a ground for
termination . . . by hoping someday a parent will learn to be a parent and be
able to provide a stable home for the child.” (cleaned up)).
6
III. Parent-Child-Bond Exception
The mother also argues that the permissive exception under Iowa
Code section 232.116(3)(c) should apply to preclude termination.2 The court
may decline to terminate parental rights under that exception if it finds “clear
and convincing evidence that the termination would be detrimental to the
child at the time due to the closeness of the parent-child relationship.” Iowa
Code § 232.116(3)(c). While such a finding permits a court “not to terminate
parental rights, the factors weighing against termination in section 232.116(3)
are permissive, not mandatory.” M.W., 876 N.W.2d at 225 (cleaned up). A
court has “discretion, based on the unique circumstances of each case and
the best interests of the child, whether to apply the factors in this section to
save the parent-child relationship.” Id. (cleaned up).
The mother contends that the “evidence clearly and convincingly
showed that [she] loves [the daughter] and shares a bond with her.” But a
parent’s love for a child alone is not enough to establish the exception under
section 232.116(3)(c). See In re D.W., 791 N.W.2d 703, 709 (Iowa 2010).
Neither is the mere existence of a bond between the parent and the child. See
In re A.B., 956 N.W.2d 162, 169 (Iowa 2021); see also W.M., 957 N.W.2d
2
The State contests error preservation on this issue, pointing out that while “the
mother testified that she has a bond with her child” and the “mother’s attorney also
referenced the parent-child bond in closing,” that “reference was in connection to a
request for additional time, rather than to urge the juvenile court to apply a permissive
exception to termination.” Cf. In re J.R., 20 N.W.3d 839, 843 (Iowa Ct. App. 2025)
(en banc) (holding that the permissive-exception issue was unpreserved where the parent
“neither addressed these statutory exceptions nor offered evidence to support them” at
the termination hearing). But the juvenile court specifically decided this issue in its order
after the mother presented evidence and argued that they had a strong bond. So we
assume, without deciding, that the issue is preserved and reach the merits. See In re A.B.,
No. 24-1979, 2025 WL 1324338, at *4 n.6 (Iowa Ct. App. May 7, 2025).
7
at 315–16. Instead, “our consideration must center on whether the child will
be disadvantaged by termination, and whether the disadvantage overcomes
[the parent’s] inability to provide for [the child’s] developing needs.” D.W.,
791 N.W.2d at 709.
On our de novo review, we agree with the juvenile court that the
mother did not meet her burden to establish the parent-child-bond exception
to termination under section 232.116(3)(c). At the time of the termination
hearing, the daughter had spent nearly half her life removed from the
mother’s custody. She “appeared to thrive in her foster placement,” where
she has remained with the same caregivers since April 2025. And her foster
parents are a potential adoptive placement for her. Meanwhile, the mother
never progressed past supervised visits with the daughter, and her continued
methamphetamine use prevented the daughter’s safe return to her custody.
So, while we do not doubt that the mother loves the daughter and shares a
bond with her, we cannot find that the disadvantage of termination
overcomes the mother’s inability to provide for her young daughter’s
developing needs. See id.
We thus affirm the juvenile court’s termination of the mother’s
parental rights.
AFFIRMED.
8