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R.S., Mother, Appellant. v. << (2021)

Court of Appeals of Iowa.2021-06-30No. No. 21-0513

Summary

Holding. The court affirmed the termination of the mother's parental rights under Iowa Code section 232.116(1)(f), concluding that clear and convincing evidence supported that the child could not be returned to the mother's care at the time of the termination hearing.

A mother challenged the termination of her parental rights on the ground that the evidence was insufficient to prove the child could not be safely returned to her care at the time of the hearing. The court found the mother's appellate argument too vague and unsupported by specific references to the record, rendering it waived under the rules governing appellate briefs. Even reviewing the case on its merits without deference to the lower court, the court determined that the State satisfied its burden of proof, finding that after more than two years of services, the mother had not reached a point where the child could be safely in her custody.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of appellate argument and preservation of issues on appeal
  • Clear and convincing evidence standard for inability to return child to parental custody
  • Burden of proof in parental rights termination cases

Procedural posture

The mother appealed the district court's termination of her parental rights, arguing insufficient evidence supported the finding that the child could not be returned to her care.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

A mother appeals the termination of her parental rights to her child, born in 2016, pursuant to Iowa Code section 232.116(1)(f) (2020).

1

Her sole argument on appeal is that there was insufficient evidence to support the final element of that provision—that the child could not be returned to the mothers care at the time of the termination hearing. See Iowa Code § 232.116(1)(f)(4) (requiring “clear and convincing evidence that at the present time the child cannot be returned to the custody of the childs parents”); In re D.W., 791 N.W.2d 703, 707 (Iowa 2010) (interpreting the statutory language “at the present time” to mean “at the time of the termination hearing”).

We find the mothers vague argument, supported by conclusory statements without references to the record, to be insufficient to facilitate our review and deem them waived.

2

See Iowa Rs. App. P. 6.201(1)(d) (“The petition on appeal shall substantially comply with form 5 in rule 6.1401.”); 6.1401–Form 5 (“[S]tate what findings of fact or conclusions of law the district court made with which you disagree and why, generally referencing a particular part of the record, witnesses’ testimony, or exhibits that support your position on appeal․ General conclusions, such as ‘the trial courts ruling is not supported by law or the facts’ are not acceptable.”); see also In re C.B., 611 N.W.2d 489, 492 (Iowa 2000) (“A broad, all encompassing argument is insufficient to identify error in cases of de novo review.”); Hyler v. Garner, 548 N.W.2d 864, 876 (1996) (“[W]e will not speculate on the arguments [a party] might have made and then search for legal authority and comb the record for facts to support such arguments.”); Inghram v. Dairyland Mut. Ins. Co., 215 N.W.2d 239, 240 (Iowa 1974) (“To reach the merits of this case would require us to assume a partisan role and undertake the appellants research and advocacy. This role is one we refuse to assume.”); cf. Iowa R. App. P. 6.903(2)(g)(3) (requiring arguments in briefs to contain reasoning, citations to authorities, and references to pertinent parts of the record).

In any event, upon our de novo review, see In re L.T., 924 N.W.2d 521, 526 (Iowa 2019), we conclude the State met its burden for termination under Iowa Code section 232.116(1)(f). At the time of the termination hearing, despite more than two years of services, the mother simply was not at a point that the child could be safely returned to her care. We affirm the termination of the mothers parental rights.

AFFIRMED.

FOOTNOTES

1

.   The fathers rights were also terminated. He does not appeal.

2

.   The mothers substantive argument is limited to the following:The mother asserts that such clear and convincing evidence is not present in the record below.To show that the minor child cannot be returned to the mother as provided by Iowa Code § 232.102 requires finding, by clear and convincing evidence, that said child would be exposed to adjudicatory harm that would warrant a [child-in-need-of-assistance] finding if returned. The lower court makes such a finding, but then proceeds to attempt to support it only with speculation regarding the mother. There is not clear and convincing evidence that the mother is incapable of being a minimally adequate and safe parent, only concerns that she might not be, and the burden is on the petitioner, not the mother. In the absence of such clear and convincing evidence, the Court should reverse the lower courts termination order.

SCOTT, Senior Judge.