A prematurely born child was found to be a child in need of assistance.  The child was released from the hospital and placed in foster care.  The Iowa District Court terminated the parental rights of the child’s parents pursuant to Iowa code sec. 232.116(1)(h).  The Court of Appeals affirmed, ruling that “clear and convincing evidence supports the termination.”  The hospital staff had raised many concerns about the parents including, inter alia, the continuation of both parents smoking “despite being told that H.S. cannot be around smoke.”

Court of Appeals of Iowa, 2004 Iowa App. LEXIS 643.