IN THE INTEREST OF B.M. S., A.N.S. and Z.J.S., Minor Children, D.S.D., Mother, Appellant.
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF IOWA
No. 6-861 / 06-1403
Filed November 30, 2006
IN THE INTEREST OF B.M.S., A.N.S. and Z.J.S.,
Minor Children,
D.S.D., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Shelby County, Kathleen A.
Kilnoski, District Associate Judge.
A mother appeals the termination of her parental rights to her three
children. AFFIRMED.
Chad Douglas Primmer of Chad Douglas Primmer P.C., Council Bluffs, for
appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Marcus Gross, Jr., County Attorney, and Susan Larson
Christensen, Assistant County Attorney for appellee.
Joel Niebaum, Missouri Valley, guardian ad litem for minor children.
Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.
2
EISENHAUER, J.
A mother appeals the termination of her parental rights to her three
children. She contends the State failed to prove the grounds for termination by
clear and convincing evidence. We review her claim de novo. In re C.H., 652
N.W.2d 144, 147 (Iowa 2002).
The mother’s parental rights were terminated pursuant to Iowa Code
sections 232.116(1)(f), (h), and (j) (2005). We need only find termination proper
under one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct. App.
1995). Termination is appropriate under section 232.116(1)(j) where:
(1) The child has been adjudicated a child in need of assistance
pursuant to section 232.96 and custody has been transferred from
the child's parents for placement pursuant to section 232.102.
(2) The parent has been imprisoned for a crime against the child,
the child’s sibling, or another child in the household, or the parent
has been imprisoned and it is unlikely that the parent will be
released from prison for a period of five or more years.
There is no dispute the first element has been met. The mother instead argues
that there is not clear and convincing evidence that she is unlikely to be released
from prison for a period of five or more years.
We conclude clear and convincing evidence supports termination under
section 232.116(1)(j).
sentence.
The mother is currently serving a fifty-year prison
Her conviction and sentence were affirmed on direct appeal.
Although she currently has a pending application before the Iowa Board of Parole
and has postconviction relief and habeas corpus options, the juvenile court
noted, “There was no evidence presented at termination trial regarding the
likelihood that [the mother] will succeed in being released from prison through
3
these means.” We agree the State met its burden to prove mother is unlikely to
be released from prison for a period of five or more years.
It is in the best interest of the children that parental rights be terminated.
The children are doing well in their placement with their maternal aunt and uncle.
The children are bonded with them and the aunt and uncle plan to adopt. The
aunt and uncle offer the children the stability and safety they need. Accordingly,
we affirm.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.