August 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            The maternal grandmother and guardian of a child, C.P., appeals the termination of the mother’s parental rights and the termination of her guardianship.  OPINION HOLDS: We do not address C.P.’s claims regarding the permanency order.  We affirm the juvenile court’s order terminating the rights of the parents.  We vacate the portion of the termination order addressing C.P.’s guardianship because the juvenile court did not have subject matter jurisdiction to address the issue.

            Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(b) (2017) due to her abandonment of the children.  Termination is in the children’s best interests, and we decline the mother’s request for additional time. 

           Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals from termination of his parental rights to two children.  OPINION HOLDS: On our de novo review of the record, we reach the same conclusion as the juvenile court which said the father’s actions “are the epitome of the word abandonment.”  We further conclude it is in the children’s best interests to terminate the father’s parental rights. 

           Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (8 pages)

            A mother and father appeal the termination of their parental rights in their child.  OPINION HOLDS: Termination was appropriate under Iowa Code section 232.116(1)(i) (2017) due to life-threatening physical abuse by the father.  Given the father’s refusal to admit to the abuse and the mother’s commitment to remain involved with the father, additional reunification services would not eliminate the need for removal.  Additionally, no permissive factors weigh against termination.

           Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (4 pages)

           A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the juvenile court order terminating both parents’ parental rights to the children in interest.   

           Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Tabor, J., takes no part.  Opinion by Scott, S.J. (7 pages)

           A mother and father each appeal the juvenile court’s decision terminating their parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the parental rights of the mother and father.  The court properly denied the mother’s request for additional time to work toward reunification.  The State engaged in reasonable efforts to reunite the father and the child.  On our de novo review, we give weight to the juvenile court’s credibility determinations.  The court properly determined termination of the parents’ rights was in the child’s best interests.  We affirm the decision of the juvenile court.

           Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (6 pages)

           Two fathers appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of each father’s parental rights and termination is in the best interests of the children.  We affirm the juvenile court’s decision terminating the fathers’ parental rights.

           Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

           A mother appeals the termination of her parental rights to her children, born in 2012 and 2014.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to these children.

           Appeal from the Iowa District Court for Jones County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mulilns,  J. (13 pages)

           A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the statutory grounds for termination under Iowa Code section 232.116(1)(f) (2018) were established by clear and convincing evidence, termination is in the best interests of the children, and an extension of time is unwarranted.  We affirm the juvenile court’s order terminating the mother’s parental rights.

           Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (4 pages)

           The juvenile court terminated the mother’s and father’s parental rights to their child, L.M., pursuant to Iowa Code section 232.116(1)(d) and (h) (2017).  The mother only nominally appeals the termination, while the father challenges the sufficiency of the evidence supporting one of the grounds for termination, whether termination was in the child’s best interests, and the juvenile court’s determination no permissive factor should be applied to save the parent-child relationship.  OPINION HOLDS:  We affirm the termination of the mother’s and the father’s parental rights to L.M.

           Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Maternal grandmother-intervenor appeals from the juvenile court’s order denying her motion to modify placement.  OPINION HOLDS: Upon our review, we affirm.

           Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (6 pages)

           The minor child appeals from a provision of the dispositional order in this child-in-need-of-assistance proceeding.  He challenges the requirement that he “participate in and complete a second psychosexual evaluation.”  OPINION HOLDS: The order of a second evaluation is not clearly unreasonable or for untenable reasons.  Finding no abuse of discretion, we affirm.