2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.116 - GROUNDS FOR TERMINATION.

        232.116  GROUNDS FOR TERMINATION.
         1.  Except as provided in subsection 3, the court may order the
      termination of both the parental rights with respect to a child and
      the relationship between the parent and the child on any of the
      following grounds:
         a.  The parents voluntarily and intelligently consent to the
      termination of parental rights and the parent-child relationship and
      for good cause desire the termination.
         b.  The court finds that there is clear and convincing
      evidence that the child has been abandoned or deserted.
         c.  The court finds that there is clear and convincing
      evidence that the child is a newborn infant whose parent has
      voluntarily released custody of the child in accordance with chapter
      233.
         d.  The court finds that both of the following have occurred:
         (1)  The court has previously adjudicated the child to be a child
      in need of assistance after finding the child to have been physically
      or sexually abused or neglected as the result of the acts or
      omissions of one or both parents, or the court has previously
      adjudicated a child who is a member of the same family to be a child
      in need of assistance after such a finding.
         (2)  Subsequent to the child in need of assistance adjudication,
      the parents were offered or received services to correct the
      circumstance which led to the adjudication, and the circumstance
      continues to exist despite the offer or receipt of services.
         e.  The court finds that all of the following have occurred:
         (1)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96.
         (2)  The child has been removed from the physical custody of the
      child's parents for a period of at least six consecutive months.
         (3)  There is clear and convincing evidence that the parents have
      not maintained significant and meaningful contact with the child
      during the previous six consecutive months and have made no
      reasonable efforts to resume care of the child despite being given
      the opportunity to do so.  For the purposes of this subparagraph,
      "significant and meaningful contact" includes but is not limited
      to the affirmative assumption by the parents of the duties
      encompassed by the role of being a parent.  This affirmative duty, in
      addition to financial obligations, requires continued interest in the
      child, a genuine effort to complete the responsibilities prescribed
      in the case permanency plan, a genuine effort to maintain
      communication with the child, and requires that the parents establish
      and maintain a place of importance in the child's life.
         f.  The court finds that all of the following have occurred:
         (1)  The child is four years of age or older.
         (2)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96.
         (3)  The child has been removed from the physical custody of the
      child's parents for at least twelve of the last eighteen months, or
      for the last twelve consecutive months and any trial period at home
      has been less than thirty days.
         (4)  There is clear and convincing evidence that at the present
      time the child cannot be returned to the custody of the child's
      parents as provided in section 232.102.
         g.  The court finds that all of the following have occurred:
         (1)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96.
         (2)  The court has terminated parental rights pursuant to section
      232.117 with respect to another child who is a member of the same
      family or a court of competent jurisdiction in another state has
      entered an order involuntarily terminating parental rights with
      respect to another child who is a member of the same family.
         (3)  There is clear and convincing evidence that the parent
      continues to lack the ability or willingness to respond to services
      which would correct the situation.
         (4)  There is clear and convincing evidence that an additional
      period of rehabilitation would not correct the situation.
         h.  The court finds that all of the following have occurred:
         (1)  The child is three years of age or younger.
         (2)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96.
         (3)  The child has been removed from the physical custody of the
      child's parents for at least six months of the last twelve months, or
      for the last six consecutive months and any trial period at home has
      been less than thirty days.
         (4)  There is clear and convincing evidence that the child cannot
      be returned to the custody of the child's parents as provided in
      section 232.102 at the present time.
         i.  The court finds that all of the following have occurred:
         (1)  The child meets the definition of child in need of assistance
      based on a finding of physical or sexual abuse or neglect as a result
      of the acts or omissions of one or both parents.
         (2)  There is clear and convincing evidence that the abuse or
      neglect posed a significant risk to the life of the child or
      constituted imminent danger to the child.
         (3)  There is clear and convincing evidence that the offer or
      receipt of services would not correct the conditions which led to the
      abuse or neglect of the child within a reasonable period of time.
         j.  The court finds that both of the following have occurred:
         (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.
         k.  The court finds that all of the following have occurred:
         (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 a chronic mental illness and has been
      repeatedly institutionalized for mental illness, and presents a
      danger to self or others as evidenced by prior acts.
         (3)  There is clear and convincing evidence that the parent's
      prognosis indicates that the child will not be able to be returned to
      the custody of the parent within a reasonable period of time
      considering the child's age and need for a permanent home.
         l.  The court finds that all of the following have occurred:
         (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 a severe, chronic substance abuse problem, and
      presents a danger to self or others as evidenced by prior acts.
         (3)  There is clear and convincing evidence that the parent's
      prognosis indicates that the child will not be able to be returned to
      the custody of the parent within a reasonable period of time
      considering the child's age and need for a permanent home.
         m.  The court finds that both of the following have occurred:
         (1)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96 after finding that the child has been
      physically or sexually abused or neglected as a result of the acts or
      omissions of a parent.
         (2)  The parent found to have physically or sexually abused or
      neglected the child has been convicted of a felony and imprisoned for
      physically or sexually abusing or neglecting the child, the child's
      sibling, or any other child in the household.
         n.  The court finds that all of the following have occurred:
         (1)  The child has been adjudicated a child in need of assistance
      pursuant to section 232.96.
         (2)  The parent has been convicted of child endangerment resulting
      in the death of the child's sibling, has been convicted of three or
      more acts of child endangerment involving the child, the child's
      sibling, or another child in the household, or has been convicted of
      child endangerment resulting in a serious injury to the child, the
      child's sibling, or another child in the household.
         (3)  There is clear and convincing evidence that the circumstances
      surrounding the parent's conviction for child endangerment would
      result in a finding of imminent danger to the child.
         o.  The parent has been convicted of a felony offense that is
      a sex offense against a minor as defined in section 692A.101, the
      parent is divorced from or was never married to the minor's other
      parent, and the parent is serving a minimum sentence of confinement
      of at least five years for that offense.
         2.  In considering whether to terminate the rights of a parent
      under this section, the court shall give primary consideration to the
      child's safety, to the best placement for furthering the long-term
      nurturing and growth of the child, and to the physical, mental, and
      emotional condition and needs of the child.  This consideration may
      include any of the following:
         a.  Whether the parent's ability to provide the needs of the
      child is affected by the parent's mental capacity or mental condition
      or the parent's imprisonment for a felony.
         b.  For a child who has been placed in foster family care by a
      court or has been voluntarily placed in foster family care by a
      parent or by another person, whether the child has become integrated
      into the foster family to the extent that the child's familial
      identity is with the foster family, and whether the foster family is
      able and willing to permanently integrate the child into the foster
      family.  In considering integration into a foster family, the court
      shall review the following:
         (1)  The length of time the child has lived in a stable,
      satisfactory environment and the desirability of maintaining that
      environment and continuity for the child.
         (2)  The reasonable preference of the child, if the court
      determines that the child has sufficient capacity to express a
      reasonable preference.
         c.  The relevant testimony or written statement that a foster
      parent, relative, or other individual with whom the child has been
      placed for preadoptive care or other care has a right to provide to
      the court.
         3.  The court need not terminate the relationship between the
      parent and child if the court finds any of the following:
         a.  A relative has legal custody of the child.
         b.  The child is over ten years of age and objects to the
      termination.
         c.  There is clear and convincing evidence that the
      termination would be detrimental to the child at the time due to the
      closeness of the parent-child relationship.
         d.  It is necessary to place the child in a hospital,
      facility, or institution for care and treatment and the continuation
      of the parent-child relationship is not preventing a permanent family
      placement for the child.
         e.  The absence of a parent is due to the parent's admission
      or commitment to any institution, hospital, or health facility or due
      to active service in the state or federal armed forces.  

         Section History: Early Form

         [C79, § 232.114; C81, § 232.116] 

         Section History: Recent Form

         84 Acts, ch 1279, § 19, 20; 86 Acts, ch 1186, § 11; 87 Acts, ch
      159, § 6; 89 Acts, ch 229, § 7--12; 90 Acts, ch 1251, § 28; 92 Acts,
      ch 1231, § 27--29; 93 Acts, ch 76, §2; 94 Acts, ch 1174, §3, 22; 95
      Acts, ch 182, § 10, 11; 98 Acts, ch 1190, §23; 2001 Acts, ch 67, §9,
      13; 2006 Acts, ch 1182, §59; 2007 Acts, ch 172, §14; 2008 Acts, ch
      1098, §2; 2009 Acts, ch 119, §38
         Referred to in § 232.57, 232.102, 232.111, 232.117