IN THE COURT OF APPEALS OF IOWA
No. 22

- 1719 Filed January 25, 2023

IN THE INTEREST OF R.V., Z.D., and C.S., Minor Children, M.C., Father, Appellant, A.S., Mother, Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block , Associate Juvenile Judge.

A mother and father each appeal the termination of their parental rights.
AFFIRMED ON BOTH APPEALS

.

Mark A. Milder, Denver, for appellant father. Jamie L. Schroeder of Nelson & Toenjes, Shell Rock, for appellant mother. Brenna Bird, Attorney General, and Ellen Ramsey

- Kacena (until withdrawal) and Mary A. Triick , Assistant Attorney s General, for appellee State.
Nina Forcier of Forcier Law Office , P.L.L.C., Waterloo, attorney and guardian ad litem for minor children.

Considered by Tabor, P.J. , and Schumacher and Chicchelly, JJ.2

TABOR , Presiding Judge

. Th e juvenile court f ound that ten

- year - old R.V., eight

- year - old Z.D., and five

year - old C.S. were “ in d ire need of permanency. ” To that end, t he court terminated the parental rights of their mother and all three fathers. Their mother, Amanda, and R.V.’s father, Montez, chal lenge the termination order. 1 Amanda contests the grounds for termination . She also argues that preserving her rights was in the
children’s best interests and the court should have applied the custody

- of

- a relative exception to termination. In the alte rnative, she asks for six more months
to achieve reunification. In his separate appeal, Montez advocates for a guardianship with R.V.’s paternal grandmother instead of termination. 2 After an independent review of the record, we are unpersuaded by the pa rents’ arguments. 3 Thus, we affirm the termination order. This family came to the attention of the Iowa Department of Health and
Human Services in March 2021 when school staff noticed physical injuries to Z.D.
At first Z.D. said he tripped on a toy. As the investigation unfolded, his older sister, R.V., revealed that their mother warned them not to tell what happened. When interviewed by child protection workers, b oth children disclosed that their

1 The fathers of Z.D. and C.S. did not appeal. 2 Montez also claims that the State did not prove the grounds for termination under Iowa Code section 232.116(1), paragraph (j) (2022)

. But he concedes termination was proper under paragraph (f) and fails to address paragraph (e). Because Montez does not dispute the statutory basis for two alternatives, we need not discuss his challenge to paragraph (j). See In re P.L. , 778 N.W.2d 33, 40 (Iowa 2010). 3 We review termination decisions de novo. In re L.B. , 970 N.W.2d 311, 313 (Iowa 2022). We respect the juvenile court ’ s factual findings, but they do not dictate our result. Id. The State must prove the grounds for termination by clear and convincing evidence. Id.3

stepfather , Tallen, physically abused Z.D. At the removal hearing, Amanda acknowledged she could not protect or care for the children because of her depression and anxiety.
Over the next year, Amanda did not follow through with recommendations
for mental

- health treatment and, thwarting the court’s expectation, did not obtain a
substance

- abuse evaluation. What’s more, because of her inconsistency in attending visitation , the department decreased her s essions with the children from twice to once a week. Also concerning to the court, she was unwilling to end her relationship with Tallen despite the children’s reports of his physical abuse. As for Montez, he was never available to parent R.V. On the s ame day that she was born, he was arrested for first

- degree murder. He is no w serving a life
sentence for that conviction. His only contact with R.V. has been through phone calls and an occasional prison visit. Perceiving poor prospects for the parents to reunite with the children, t he State petitioned to terminate their parental rights in April 2022. After a June trial, the juvenile court granted the petiti on. Amanda and Montez both appeal

. I. Amanda’s Appeal Statutory Ground

. Amanda first contends the State failed to offer clear and convincing evidence to support either paragraph (e) or (f) of Iowa Code section 232.116(1). To affirm, we need only find sufficient proof for one or the other. See
In re A.B. , 815 N.W.2d 764, 774 (Iowa 2012). We rest our decision on paragraph (f), which ha s four elements: (1) the child ren are four years of age or older; (2) the y
have been adjudicated a s child ren in need of assistance ; (3) the y ha ve been
removed from home for the last twelve consec utive months; and (4) the y cannot4

be returned to the parent’s care at the present time

. Iowa Code § 232.116(1)(f). Amanda contests only the last element. She acknowledges her mental

- health struggles, but insists that she has sought appropriate psychiatric care. Yet the department could not verify what medication the psychiatrist had prescribed and
was concerned that Amanda did n ot follow through with recommended counseling. The juvenile court credited t he department’s position, we defer to that finding. See
In re A.S. , 743 N.W.2d 865, 868 (Iowa Ct. App. 2007)

. Beyond her own mental health, Amanda has not recognized the trauma suffered by the children from the ir stepfather’s abuse. In fact, she defends Tallen
and denies the abuse ever happened. Meanwhile, the children have displayed insecurities and oppositional behavior. Most affected was t he middle child, Z.D.,
who has acted out at school and experienced night terrors. And t he Court Appointed Special Advocate reported that all three children suffered emotionally from the inconsistency in visits with their mother. In the end, we conclude that the record contains clear and convincing
evidence that the children could not safely be retur ned to Amanda’s custody at the
time of the termination hearing. See In re M.W. , 876 N.W.2d 212, 224 (Iowa 2016)

. Best Interests /Permissive Exception. Amanda next claims that
termination was not in the best interests of the children . She contends that
pr eserving her rights would serve their long

- term welfare because the siblings , if adopted, would not be raised in the same home. 4 See Iowa Code § 232.116(2).

4 The department planned to place R.V. in the custody of her paternal grandmother in Tennessee. Z.D. lived with a foster family who were considered a possible permanent placement. And C.S. was staying with an aunt and uncle who were considering adoption.5

Under the same heading, she invokes the custody

- of

- a - relative exception in section 232.116(3)(a)

. Amanda asserts that she gets along well with the relatives
where R.V. and C.S. would be placed, so the termination can be avoided. In its place, she asks us to consider guardianships for R.V. and C.S.
It’s true our courts recognize the importance of keeping siblings together

. S ee In re W.M. , 957 N.W.2d 305, 314 (Iowa 2021) . But here, separating the siblings has been in the ir best interests. The department determined that Z.D. and C.S. could not be placed together because of Z.D.’s agg ressive behaviors. And
R.V. has conveyed that she also does not feel comfortable around Z.D. Even more important, all three children expressed that they do not feel safe in their mother’s home. Under theses circumstances, termination of Amanda’s rights was in their
bests interests. Guardianship is not the preferred path given the toll their uncertain
future has taken on these children. In re A.S. , 906 N.W.2d 467, 478 (Iowa 2018) ( questioning whether guardianship with grandparents would provide needed

s tability and safety for child).
As for the permissive exception, Amanda must show that termination is unnecessary because the children are in the legal custody of a relative. Iowa Code § 232.116(3)(a) ; see A.S. , 906 N.W.2d , at 476

. She does not meet that burden. The record does not show that relatives have legal custody of R.V. or C.S. And besides, the willingness of those relatives to step in as caregivers does not outweigh the need for permanency in this case. Id

. Delayed Perm anency . As an alternative argument, Amanda seeks more
time to reunite with her three children. A court may de fer permanency only if the need for removal “will no longer exist at the end of the additional six

- month period.”6

I owa Code § 232.104(2)( b ); see In re W.T. , 967 N.W.2d 315, 323 (Iowa 2021). No such optimistic prognosis emerges from this record. Amanda did not use the fourteen months that she had to improve her parenting prospects. We thus deny the request for more time.
II. Montez’s Appeal
Montez c ontends that the juvenile court should have placed his daughter, R.V., in a guardianship with her paternal grandmother rather than terminating his parental rights. He asserts that he has a good relationship with his mother and , as R.V.’s guardian, she wou ld preserve R.V.’s connection with Montez despite his life sentence in prison. We appreciate the interest Montez has shown in maintaining a relationship with his daughter from behind bars. But we see no advantage to creating a guardianship with the paternal grandmother rather than allowing her to adopt R.V. Adoption offer s R.V. gre ater stability , and the grandmother would have the option
to facilitiate contact with Montez if appropriate for the child. See generally In re
W.M. , 957 N.W.2d 305, 315 (Iowa 2021)

. On these facts, termination of Montez’s parental rights was in R.V.’s be st interests.
AFFIRMED ON BOTH APPEALS

.