27 Iowa opinions name it 1 courts 2004–2026 21 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 L.M.green2 sentences2026Under either formulation, the State met its burden of proof here. 5 § 232.116(1)(f )(4), (h)(4); In re L.M., 904 N.W.2d 835, 839 (Iowa 2017) (finding “at the present time” means the date of the termination hearing). 2026On appeal, neither parent reprises their reasonable- efforts challenge. 3 Our caselaw offers two formulations for what it means when a child “cannot be returned” to parental custody as provided in section 232.102, which discusses transferring the child’s custody if staying in the home would be “contrary to the welfare of the child.” 5 Code § 232.116(1)(h)(4); In re L.M., 904 N.W.2d 835, 839 (Iowa 2017) (finding “at the present time” means the date of the termination hearing). | 14 | 14 |
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). 2022See Iowa Code § 232.116 (1)(h); see also In re A.M., 843 N.W.2d 100, 111 (Iowa 2014) (interpreting statutory language “at the present time” as the date of the termination hearing). | 6 | 6 |
In The Interest Of D.W., Minor Child, A.M.W., Mothergreen2 sentences2025See id. §§ 232.116(1)(f)(4), .102; see also D.W., 791 N.W.2d at 707 (interpreting “present time” to mean the date of the termination hearing). 2019See D.W., 791 N.W.2d at 707 (interpreting “present time” to mean the date of the termination hearing). | 5 | 5 |
In the Interest of A.M.S.green2 sentences2004See In re A.M.S., 419 N.W.2d 723, 725 (Iowa 1988). 2004See In re A.M.S., 419 N.W.2d 723, 725 (Iowa 1988). | 2 | 2 |
In the Interest of A.B. & S.B., Minor Children, S.B., Fathergreen1 sentence2025See id. §§ 232.116(1)(f)(4), .102; see also D.W., 791 N.W.2d at 707 (interpreting “present time” to mean the date of the termination hearing). | 1 | 1 |
In Re JOgreen1 sentence2016“The statutory time period specified in section 232.116(1)(h)(3) begins to run on the date custody is transferred and continues to run until the date of the termination hearing.” In re J.O., 675 N.W.2d 28, 30 (Iowa Ct. App. 2004). | 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 A.R. and A.R., Minor Children
green
1 sentence2024It requires clear and convincing proof that (1) the child was three years old or younger; (2) he had been adjudicated as a CINA under section 232.96; (3) he had been removed from the parent’s physical custody for at least six months of the last twelve months, or for the last six straight months and any trial period at home was less than thirty days; and (4) he could not be returned to her custody “as provided in section 232.102 at the present time.” Iowa Code § 232.116 (1)(h); In re L.M., 904 N.W.2d 835, 839 (Iowa 2017) (reading “present time” as the date of the termination hearing). 932 N.W.2 | 1 | 2024–2024 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.