IN THE COURT OF APPEALS OF IOWA

No. 23

- 0433

Filed May 10, 2023

IN THE INTEREST OF J.F.,

Minor Child,

V.F., Mother,

Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Polk County, Kimberly Ayotte

,

District Associate Judge.

A mother appeals the termination of her parental rights. AFFIRMED.

Jesse Macro Jr. of Macro & Kozlowski, LLP, West Des Moines, for appellant

mother.

Brenna Bird, Attorney General, and Mary A. Triick, Assistant Attorney

Gener al, for appellee State.

Jeremy Evans of Carr Law Firm PLC, Des Moines, attorney and guardian

ad litem for minor child.

Considered by Bower, C.J.

, and Tabor and Greer, JJ.2

BOWER

, Chief Judge

.

The child was born prematurely in April 2022, at which time both mother

and child tested positive for methamphetamine

— the mother did not know she was

pregnant. The child spent several days in the neonatal intensive care unit and

then about one month in the hospital. The mother has a significant history of

su bstance abuse, testifying the last time she was “ sober and living in the

community” was in 2017.

The child was removed from the mother’s custody on May 16 and placed in

foster care upon his release from the hospital

, was adjudicated a child in need of

assistance on June 15, and ha d been out of the mother’s custody for more than

six consecutive months prior to the termination

- of

- parental

- rights trial

, which was

held February 17, 2023

. T he mother was then serving a prison term for her

conviction of second

- degree arson, with a release date in 2025; the child could not

be returned to the mother at that time. The juvenile court found terminat ion of the

mo ther’s rights was proper under Iowa Code section 232.116(1)(h) (2022).

At trial, the mother requested an extension of time to seek reunification.

The court found :

The court can order a six

- month extension if the court finds that the

child could likely b e returned within six months. Again, the mother is

currently incarcerated with a tentative discharge date in August

2025. Her recall date is in May 2023. There is no guarantee that

she will be released at the time of her recall date. [The mother] state s

her plan, if released, is to enter treatment at House of Mercy. [She]

was previously ordered to participate in treatment while at the Fresh

Start Women ’ s Facility and the Bridges program. She absconded

from treatment three times. Her past history is the best predictor of

the future. Given her poor history of follow through, the court would

need to see significant engagement and commitment to her

treatment before considering reunification. For all thos e reasons, the

court finds that reunification is not likely to occur within the next six3

months. None of the other permanency options are appropriate

either. There is no other parent available to transfer custody of the

child to. Guardianship is not app ropriate given the age of the child,

his placement in this current home since birth, and foster home ’ s

desire to adopt.

The court noted,

The child is currently placed with a family that meets the criteria of a

long

- term, nurturing home, and should not have to wait any longer

for a permanent home. Since termination and adoption are the

preferred methods of obtaining permanency for children who cannot

be returned to a parental home, the court finds termination is in the

child ’ s best interest

.

The mothe r appeals

, challenging the court’s finding that termination i s in the

child’s best interests. 1 She argues she should be granted additional time to be

released from prison and enter treatment in a program where the child can join

her. But we agree with the trial court. Giving “primary consideration to the child ’ s

safety, to the best placement for f urthering the long

- term nurturing and growth of

the child, and to the physical, mental, and emotional needs of the child ,” we

conclude termination and adoption is in the child’s best interests. See Iowa Code

§ 232.116(2); P.L. , 778 N.W.2d at 41 ( “It is we ll

- settled law that we cannot deprive

a child of permanency after the State has proved a ground for termination under

1 In our de novo review, we use a three

- step analysis to review the termination of

parental rights. In re A.S.

, 906 N.W.2d 467, 472 (Iowa 2018). Those steps are

whether: (1) statutory grounds for termination have been established, (2)

termination is in the child ’ s best interests, and (3) we should exercise any of the

permissive exceptions to termination. Id. at 472

– 73. Because the mother does

not dispute the existence of the grounds under section 232.116(1)(h), we do not

have to discuss th e first step. In re P.L.

, 778 N.W.2d 33, 40 (Iowa 2010). Her

passing reference to a “bond” with the child is not sufficient to show she carried

her burden to prove a permissive exception exists. See Iowa Code

§ 232.116(3)(c); A.S. , 906 N.W.2d at 476 (noting “ the parent resisting termination

bears the burden to establish an exception to termination ”).

The father does not appeal.4

section 232.116(1) by hoping someday a parent will learn to be a parent and be

able to provide a stable home for the child.” )

. We affirm.

AFFIRMED.