Background
C.H., born in September 2023, came to the attention of Iowa child-welfare authorities at two months old after the mother tested positive for methamphetamine. Although the department initially implemented a safety plan requiring the father to supervise the mother, the parents did not follow it. The mother continued to test positive and was found alone with C.H. while behaving erratically; the father tested positive for amphetamine and marijuana. C.H. was removed in April 2024.
The child was first placed with maternal grandparents, but later moved to foster care after the department learned the grandparents had withheld information about the grandfather’s criminal history and could not recognize the parents’ substance use. During the ensuing year, the parents made little progress. The mother missed tests or tested positive for methamphetamine, was unsuccessfully discharged from outpatient treatment, and declined recommended inpatient and mental-health treatment. The father stopped participating in drug testing after a positive methamphetamine test in November 2024 and did not complete recommended treatment.
The Court’s Holding
The court affirmed termination of the mother’s rights under Iowa Code section 232.116(1)(h). The mother did not dispute that C.H. was young, adjudicated in need of assistance, and removed for the required period; she disputed only whether C.H. could safely return to her at the termination hearing. The court found the record showed unresolved, longstanding substance-use issues and rejected the mother’s unsupported assertion that her positive methamphetamine tests were false positives.
The court also affirmed termination of the father’s rights. His challenge to termination under sections 232.116(1)(h) and (l) was waived because he offered no substantive argument and merely incorporated the mother’s appellate arguments. The court further held neither parent warranted another six months for reunification because neither had progressed to unsupervised visits and the record gave no basis to conclude the need for removal would end within that period. The father’s reasonable-efforts claim also failed because he did not follow through with recommended services or meaningfully participate in testing.
Key Takeaways
- Unsupported explanations for positive drug tests did not overcome evidence of continuing methamphetamine use.
- An extension for reunification requires a basis to find the child can safely return within six months.
- A parent must actively engage in offered services to support a reasonable-efforts challenge.
Why It Matters
The decision underscores that unresolved substance use, missed testing, and lack of service participation can establish that a child cannot safely return home at the time of termination. It also reinforces Iowa’s requirement that parents make specific, developed appellate arguments and actively pursue services offered during the child-welfare case.