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Description: Waterloo, Iowa family law lawyer represented Defendant in a termination of parental rights case.


In February 2020, then twelve-year-old C.R. was living with her maternal grandmother because C.R.'s mother was homeless. One day after the mother went to the grandmother's house to shower, the mother asked C.R. to hide a makeup box she had left behind from the grandmother. Instead, the child and her grandmother looked inside the box and found drug paraphernalia, baggies with white powdery residue, and prescription medications. A report was made to the Iowa Department of Human Services. The mother then absconded with C.R. for several days. In March, based on the above, the State sought and obtained an order for temporary removal. Soon after, the mother tested positive for methamphetamine and amphetamines. The mother stipulated to the child being adjudicated in need of assistance.[1]

The mother completed a substance-abuse evaluation in May, which recommended extended outpatient treatment with individual and group counseling. This recommendation was suspect because, despite her positive drug screen, the mother told the evaluator that she had not used substances in fourteen years. The mother also completed a mental-health evaluation in June, but no treatment was recommended because the mother stated she "did not wish to receive any mental health treatment at this time."

Fast forward to March 2021, nearly one year later. By that point, the mother had not engaged in any treatment or drug testing, her contact with C.R. was limited to supervised text messages and phone calls, and the child was adamant that she

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did not want to return to her mother's care. Because of the mother's lack of progress, the department recommended termination of the mother's parental rights. A few days after that recommendation, the mother gave birth to another child. The mother and the infant both tested positive for methamphetamine. So the infant was also removed from the mother's care. Before giving birth, the mother successfully concealed her pregnancy from the department by refusing to meet with providers or participate in video visits with the child.

The State filed its termination petition in June, and the matter proceeded to hearing in September. The mother had still not engaged in treatment or complied with drug testing. Nor had there been any in-person contact between the mother and the child since she was removed. The child's therapist reported C.R.'s feelings toward the mother as follows: "She has consistently said she does not want to go back to her mother's. She doesn't trust her, doesn't feel she takes responsibility for any of her previous or current actions, believes she is still using drugs. She has consistently wanted to be adopted by her grandparents." Following the hearing, the court terminated the mother's parental rights under Iowa Code section 232.116(1)(e) and (f) (2021).

Outcome: Affirmed

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Defendant's Experts:

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