In re C.P., 082119 IWCA, 19-1091

Docket Nº:19-1091
Opinion Judge:VAITHESWARAN, PRESIDING JUDGE.
Party Name:IN THE INTEREST OF C.P., Minor Child, P.B., Mother, Appellant.
Attorney:Joseph P. Vogel of Vogel Law, PLLC, Des Moines, for appellant mother. Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant Attorney General, for appellee State. Chuck Fuson of Youth Law Center, Des Moines, attorney and guardian ad litem for minor child.
Judge Panel:Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Case Date:August 21, 2019
Court:Court of Appeals of Iowa
 
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IN THE INTEREST OF C.P., Minor Child,

P.B., Mother, Appellant.

No. 19-1091

Court of Appeals of Iowa

August 21, 2019

Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.

A mother appeals the termination of her parental rights to a child.

Joseph P. Vogel of Vogel Law, PLLC, Des Moines, for appellant mother.

Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant Attorney General, for appellee State.

Chuck Fuson of Youth Law Center, Des Moines, attorney and guardian ad litem for minor child.

Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

VAITHESWARAN, PRESIDING JUDGE.

A mother appeals the termination of her parental rights to a child, born in 2018. She contends the State failed to prove the grounds for termination cited by the district court, termination is not in the child's best interests, and the court should have granted her six additional months to work toward reunification with the child.1We will address these arguments as one.

The district court terminated the mother's parental rights to the child pursuant to two statutory provisions. We may affirm if we find clear and convincing evidence to support either of the grounds. See In re A.B., 815 N.W.2d 764, 774 (Iowa 2012). We focus on Iowa Code section 232.116(1)(h) (2019), which requires proof a child three years old or younger was adjudicated in need of assistance, was removed from the physical custody of the parents for the previous six consecutive months, and could not be returned to the parents' custody.

The child was removed from the mother's custody shortly after birth based on the mother's positive test for methamphetamine and heroin two months before the child's birth as well as two positive tests for methamphetamine one month before the child's birth. At the time of the removal hearing, the court also considered a positive umbilical cord test result for amphetamines, methamphetamine, and oxycodone.

The child was adjudicated in need of assistance. He remained out of the mother's custody through the termination hearing six months later. At a hearing on the...

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