Background
After E.M. was born in November 2022 with marijuana compounds in her umbilical cord, Iowa’s Department of Health and Human Services became involved with the family. The father committed two acts of domestic violence against the mother while E.M. was present, and law enforcement found illegal substances in the home. The juvenile court adjudicated E.M. a child in need of assistance and removed her from the father’s custody.
The father initially made progress through therapy and substance-use treatment, but later violated a protective order, secretly resumed living with the mother, relapsed into substance use, and concealed the relationship from the court and HHS. When A.M. was born in June 2025, she too was removed because of the father’s unresolved mental-health and substance-use issues. Both children were placed with grandparents. The State sought termination only of the father’s rights.
The Court’s Holding
The Iowa Court of Appeals affirmed the termination order. The juvenile court had terminated the father’s rights under Iowa Code section 232.116(1)(a), based on parental consent, and section 232.116(1)(h), concerning children age three or younger who cannot be returned to the parent’s custody.
On appeal, the father challenged only the consent ground. Because he made no argument against termination under section 232.116(1)(h), he waived any challenge to that independent statutory ground, and the appellate court affirmed on that basis.
The court also held that termination served the children’s best interests. The father had relapsed, continued to struggle with anger, mental health, and domestic violence, exposed the children to illegal substances, and repeatedly deceived authorities to evade safety restrictions. The children were doing well with their grandparents.
Key Takeaways
- A parent who does not challenge every independent termination ground waives review of the unchallenged ground.
- An appellate court may affirm a termination order on an unchallenged statutory ground without addressing a challenged alternative ground.
- Relapse, unresolved domestic violence, mental-health concerns, and deception can support a best-interests finding even where a parent previously made meaningful progress.
Why It Matters
The decision underscores the importance of briefing every statutory basis supporting a termination order. Challenging only one alternative ground leaves the unchallenged ground sufficient to sustain the judgment.
It also reflects Iowa’s focus on a child’s present need for safety and permanence where a parent’s improvements have not resolved the conditions that prevent safe reunification.