IN THE COURT OF APPEALS OF IOWA

No. 17-0700

Filed July 19, 2017

IN THE INTEREST OF R.L.,

Minor Child,

M.O., Mother,

Appellant,

C.L., Father,

Appellant.

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Appeal from the Iowa District Court for Polk County, Susan C. Cox, District 

Associate Judge.

A mother and father separately appeal from the order terminating their 

parental rights. AFFIRMED.

Jesse A. Macro of Macro & Kozlowski, L.L.P., West Des Moines, for 

appellant mother.

Tod J. Beavers, of Tod J. Beavers, P.C., Des Moines, for appellant father.

Thomas J. Miller, Attorney General, and Ana Dixit, Assistant Attorney 

General, for appellee State.

Joseph P. Vogel of Vogel Law, P.L.L.C., Des Moines, for minor child.

Considered by Danilson, C.J., and Potterfield and Bower, JJ.
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DANILSON, Chief Judge.

A mother and father separately appeal from the termination of their 

parental rights to their child, R.L. Both parents assert termination is not in R.L.’s 

best interests and Iowa Code section 232.116(3) (2017) exceptions apply to 

preclude the need for termination. Due to the parents’ histories of substance 

abuse, and failure to engage in services and to demonstrate an ability to parent 

R.L., we conclude termination is in R.L.’s best interests and no section 

232.116(3) exception applies. We therefore affirm.

R.L. was born to the mother and father in December 2014. The parents 

are unmarried. The family came to the attention of the department of human 

services (DHS) in May 2015 when R.L. was admitted to the hospital for seizures 

caused by brain injuries consistent with child abuse. The incident resulted in a 

founded child-abuse assessment by DHS, noting the perpetrator was unknown. 

In June 2015, the mother and father both tested positive for THC. R.L. was 

removed from their care on June 29, 2015, and placed with his maternal 

grandmother. 

Both parents have extensive substance-abuse histories. The mother 

completed treatment during the pendency of this matter, but did not participate in 

aftercare and refused to submit to drug testing by patch. The father also 

completed outpatient substance-abuse treatment, but only attended continuing 

care for approximately one month. The father refused requested drug testing 

during this case and admitted to a relapse in June or July of 2016. 

The parents have a history of domestic violence. They were no longer in 

a relationship at the time of the termination hearing. 
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In December 2016, the father was convicted of third-degree burglary and 

second-degree theft and was given a deferred judgment. However, the father 

was subsequently incarcerated due to an arrest for forgery. The father was 

incarcerated at the time of the termination hearing.

Both parents demonstrated inconsistent participation in DHS services. 

The mother missed Family Safety, Risk and Permanency (FSRP) meetings, and 

did not consistently attend individual counseling. The father did not attend all 

scheduled interactions with R.L. and missed a number of FSRP meetings. The 

father discontinued participation in all DHS services in June 2016, stating he 

wished to voluntarily terminate his parental rights to R.L. The father 

subsequently determined he would not consent to termination, but did not 

demonstrate an improved participation in services. 

Most significantly, neither parent demonstrated an ability to appropriately 

parent R.L. The father was incarcerated at the time of the termination hearing 

and had not adequately addressed his substance-abuse and mental-health 

issues such that he could safely care for R.L. The initial concerns regarding the 

mother’s ability to parent R.L. remained present throughout the pendency of this 

matter. The mother was unable to control her anger and to put R.L.’s needs 

above her own. R.L. was returned to the mother’s custody in June 2016 with the 

condition that she continue living with the maternal grandmother. During that 

time, the mother and maternal grandmother argued because the mother did not 

take adequate responsibility for parenting R.L., often wanting to go out with 

friends instead. The mother struggled to care for R.L. during the night and in the 

morning. The arrangement ended in July 2016 when the maternal grandmother 
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asked the mother to move out based on her concerns with the mother’s lack of 

parenting abilities and the mother’s inability to control her anger and react 

appropriately to the maternal grandmother’s parenting suggestions. The mother 

did not attend R.L.’s last two doctor’s appointments. At the time of the 

termination hearing, the mother did not have a residence where she could care 

for R.L. and did not have a long-term plan to provide a safe environment for R.L.

Both the mother and father admitted R.L. could not be safely returned to 

their care at present.

The termination hearing was held February 23, 2017. On April 23, the 

juvenile court entered an order terminating the parents’ parental rights to R.L. 

pursuant to section 232.116(1)(h). Both parents appeal.

We review termination proceedings de novo. In re A.M., 843 N.W.2d 100, 

110 (Iowa 2014). Our primary concern is the child’s best interests. In re J.E., 

723 N.W.2d 793, 798 (Iowa 2006). In determining whether termination is 

appropriate, we first determine if a ground for termination exists under section 

232.116(1); second, we consider whether termination is in the child’s best 

interests pursuant to section 232.116(2); and last, we consider if any section 

232.116(3) exception applies to preclude the need for termination. In re P.L., 

778 N.W.2d 33, 39 (Iowa 2010).

The parents do not contest the grounds for termination, and we find such 

grounds exist under section 232.116(1)(h). At the time of the termination hearing 

R.L. was under the age of three, had been adjudicated a child in need of 

assistance, had been removed from the parents’ custody for the requisite time 

period, and could not be returned to the parents’ care due to both parents’ failure 
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to adequately address their substance-abuse problems, obtain appropriate 

housing, and demonstrate an ability to parent R.L., and both parents’ admission 

R.L. could not be returned to their care.

The parents assert termination is not in R.L.’s best interests and 

termination is not warranted due to the strong parent-child bond and because 

R.L. is in the custody of a family member, the maternal grandmother. See Iowa 

Code § 232.116(2), (3).

We conclude termination is in R.L.’s best interests. R.L. has been out of 

the parents’ custody for nearly his whole life. The parents have failed to 

demonstrate they are capable of addressing their substance-abuse and mentalhealth issues and putting R.L.’s needs above their own. The parents have been 

given ample time to provide a safe environment for R.L. and have not done so. 

“Insight for the determination of the child’s long-range best interests can be 

gleaned from ‘evidence of the parent’s past performance for that performance 

may be indicative of the quality of the future care that a parent is capable of 

providing.” In re C.B., 611 N.W.2d 489, 495 (Iowa 2000) (citation omitted). R.L. 

has waited long enough for permanency and stability. We find termination of the 

parents’ parental rights is in R.L.’s best interests.

We also conclude no section 232.116(3) exception applies to preclude the 

need for termination. Section 232.116(3)(c) provides an exception to termination 

if “[t]here is 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.” However, it is the parents’ relationship with R.L. and their instability 

that has shown to be detrimental. We find any bond the parents have with R.L. 
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does not outweigh R.L.’s need for immediate permanency. See C.B., 611 

N.W.2d at 495 (“Once the limitation period lapses, termination proceedings must 

be viewed with a sense of urgency.”). Additionally, section 232.116(3)(a) 

provides an exception to termination when “[a] relative has legal custody of the 

child.” However, the exception does not apply here because R.L. is in the legal 

custody of DHS, not the maternal grandmother. See A.M., 843 N.W.2d at 113.

We conclude there is a ground for termination under section 232.116(1)(h)

with respect to each parent, termination is in R.L.’s best interests, and no 

exception applies to preclude the need for termination. We therefore affirm the 

termination of the parents’ parental rights to R.L.

AFFIRMED.