October 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Madison County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            The father of a child who was adjudicated in need of assistance appeals an order granting the district court concurrent jurisdiction to proceed with a guardianship action.  OPINION HOLDS: On our de novo review, we are convinced the juvenile court’s grant of concurrent jurisdiction was appropriate.  The concurrent-jurisdiction order is affirmed.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals the termination of her parental rights to her minor child, born in 2017.  On appeal, the mother argues the State failed to prove the statutory grounds for termination by clear and convincing evidence and termination is not in the best interests of the child because it would be detrimental to the child’s mental and emotional wellbeing.  OPINION HOLDS: Upon our de novo review of the record, we agree with the conclusions of the juvenile court and affirm the termination order.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (8 pages)

            The mother appeals the termination of her parental rights to M.A., born January 2015.  She argues the State failed to prove by clear and convincing evidence that grounds for termination exist under Iowa Code section 232.116(1)(g) or (h) (2017), termination is not in the best interests of the child, and the strong bond between her and her child precludes termination under Iowa Code section 232.116(3).  OPINION HOLDS: We conclude the State proved by clear and convincing evidence the grounds for termination of the mother’s parental rights.  Additionally, we find termination is in the best interests of the child and any bond between the mother and M.A. does not preclude termination.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The parents failed to preserve error on their reasonable-efforts claims.  We find the statutory grounds for termination were established by clear and convincing evidence.  We decline to grant either parent an extension and affirm the termination of the mother’s and father’s parental rights.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to their minor children: A.M., born 2011; A.M., born 2012; E.M., born 2014; and I.M., born 2016.  The father argues the children were not removed for the statutorily required time.  Both argue additional time should have been afforded and termination was not in the best interests of the children.  OPINIONS HOLDS: We conclude the State proved by clear and convincing evidence the grounds for termination of both the mother’s and father’s parental rights.  Additionally, we find termination is in the best interests of the children and neither any bond between the parents and the children nor the children’s placement with relatives is sufficient to preclude termination.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            A mother appeals from the termination of her parental rights to her child.  OPINION HOLDS: The statutory grounds authorizing termination were satisfied, authorizing termination, and termination is in the child’s best interest.  The Iowa Department of Human Services made reasonable efforts toward reunification and an additional six months to work toward reunification is not appropriate because the circumstances requiring removal are likely to remain.