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37 Iowa opinions name it 2 courts 1992–2026 24 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In The Interest Of D.W., Minor Child, A.M.W., Mothergreen2 sentences2026See In re D.W., 791 N.W.2d 703, 707 (Iowa 2010) (interpreting “at the present time” as “at the time of the termination hearing”). 2024A. Ground for Termination Both parents claim the State failed to prove the final element of Iowa Code section 232.116(1)(f)—that the child could not be returned to their custody at the 6 time of the termination hearing.2 See Iowa Code § 232.116 (1)(f)(4); 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”). | 12 | 13 |
In the Interest of A.M., Minor Child, A.M., Fathergreen2 sentences2025On the first step, the father only contests the final common elements of Iowa Code section 232.116(1)(f) and (h),5 both of which require clear and convincing evidence that the children cannot be returned to their parents’ custody “at the present time.” See In re A.M., 843 N.W.2d 100, 111 (Iowa 2014) (interpreting “at the present time” to mean the date of the termination hearing). 2022Focusing on the fourth element of section 232.116(1)(h), the mother argues that the State “failed to prove by clear and convincing evidence S.W. could not return to the custody of Mother at the present time or with a six-month extension.” See In re A.M., 843 N.W.2d 100, 111 (Iowa 2014) (noting the parent must be ready to resume custody by the termination hearing). | 4 | 4 |
In the Interest of M.M.green2 sentences2021A child cannot be returned “if by doing so the child would be exposed to any harm amounting to a new child in need of assistance adjudication.” In re M.M., 483 N.W.2d 812, 814 (Iowa 1992). 2021A child cannot be returned “if by doing so the child would be exposed to any harm amounting to a new child in need of assistance adjudication.” In re M.M., 483 N.W.2d 812, 814 (Iowa 1992). | 4 | 4 |
In Re CBgreen2 sentences2025In re C.B., 611 N.W.2d 489, 493 (Iowa 2000). 2022See In re C.B., 611 N.W.2d 489, 493 (Iowa 2000) (“The State must show reasonable efforts as a part of its ultimate proof the child cannot be safely returned to the care of a parent.”). | 3 | 3 |
In Re P.L.green2 sentences2025See In re P.L., 778 N.W.2d 33, 40 (Iowa 2010). 7 Having made little to no progress towards that goal, we conclude sufficient evidence supports the juvenile court’s finding that the child could not be safely returned to the mother’s custody at the time of the hearing.4 See In re A.M., 843 N.W.2d 100, 111 (Iowa 2014). 2014P.L., 778 N.W.2d at 40 . | 1 | 2 |
In the Interest of C.F.-h., Minor Child, C.H., Fathergreen2 sentences2022Id. 2018The term “remove” “involves a dynamic change of circumstance, not stasis.” In re C.F.-H., 889 N.W.2d 201, 206 (Iowa 2016). | 1 | 2 |
In the Interest of R.M., Minor Childgreen1 sentence2026The father only challenges the fourth element under section 232.116(1)(h), that the child could not return to 11 his custody at the time of the termination hearing.3 See R.M.-V., 13 N.W.3d at 626 (“At the present time means at the time of the termination hearing.” (cleaned up)). | 1 | 1 |
In the Interest of A.B. & S.B., Minor Children, S.B., Fathergreen1 sentence2025Because one statutory basis is sufficient for termination, In re A.B., 815 N.W.2d 764, 774 (Iowa 2012), we address only paragraph (h). | 1 | 1 |
In the Interest of L.B., Minor Childgreen1 sentence2024See In re W.M., 957 N.W.2d 305 , 313 (Iowa 2021) (considering whether the grounds for termination existed as of the time of the termination hearing); see also In re L.B., 970 N.W.2d 311 , 313 (Iowa 2022) (interpreting the requirement “the child has been adjudicated” CINA in section 232.116(1) to mean an adjudication in the present proceeding and not any previously closed cases). | 1 | 1 |
W.M. and W.D.green1 sentence2024See In re W.M., 957 N.W.2d 305 , 313 (Iowa 2021) (considering whether the grounds for termination existed as of the time of the termination hearing); see also In re L.B., 970 N.W.2d 311 , 313 (Iowa 2022) (interpreting the requirement “the child has been adjudicated” CINA in section 232.116(1) to mean an adjudication in the present proceeding and not any previously closed cases). | 1 | 1 |
In Re TPgreen1 sentence2022See T.P., 757 N.W.2d at 275 . | 1 | 1 |
In Re SJgreen1 sentence2021See S.J., 620 N.W.2d at 525. 2 Section 232.116(1)(h) authorizes termination when the court finds: (1) The child is three years of age or younger. (2) The child has been adjudicated a [CINA] 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, 6 The mother disputes only the fourth element of section 232.116(1)(h)— whether the child can safely be returned to the parent’s care. | 1 | 1 |
In the Interest of E.B.L.green1 sentence1996In re E.B.L., 501 N.W.2d 547, 552 (Iowa 1993). | 1 | 1 |
In the Interest of J.W.D.green1 sentence1992See In re T.O., 470 N.W.2d 8, 10 (Iowa 1991); In re J.W.D., 456 N.W.2d 214, 217 (Iowa 1990). | 1 | 1 |
In the Interest of T.O.green1 sentence1992See In re T.O., 470 N.W.2d 8, 10 (Iowa 1991); In re J.W.D., 456 N.W.2d 214, 217 (Iowa 1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the Interest of R.R.K.
green
2 sentences2015Id. 7 The juvenile court adjudicated the children in need of assistance under Iowa Code section 232.2(6)(c)(2). 2015Id. | 2 | 2015–2015 |
In the Interest of N.M.
green
1 sentence2022“It is not in the children’s best interests to interpret the language of the subsections to prevent termination of the noncustodial parent’s rights when the children are placed in the separate home of the other parent.” Id. at 155 . 6 We find the elements of section 232.116(1)(f) have been met. | 1 | 2022–2022 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.