2018 Archive | Court of Appeals Court Opinions

           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.

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            The mother and father separately appeal the termination of their parental rights to their child, A.F., who was born in October 2011.  Each parent challenges the determination that termination is in A.F.’s best interests and claims the court should have found that a permissive factor precludes termination and should have saved the parent-child relationships by placing A.F. in a guardianship with her paternal grandmother rather than terminating the parental rights.  OPINION HOLDS: The paternal grandmother’s willingness to enter into a guardianship does not make the arrangement the best choice for A.F., who has struggled for want of stability.  As each parent may spend the rest of A.F.’s childhood in prison, termination of their parental rights is in A.F.’s best interests and no permissive factor outweighs termination.  We affirm on both appeals.

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

            The mother appeals the district court’s termination of her parental rights to her son, J.H.  She argues the statutory grounds for termination were not met, termination was not in J.H.’s best interests, and she should have additional time for reunification.  OPINION HOLDS: Due to the mother’s untreated mental-health and substance-abuse problems, we affirm the termination.

            Appeal from the Iowa District Court for Appanoose County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (9 pages)

            The mother appeals the district court’s termination of her parental rights to her son, X.M.  She argues the State did not prove X.M. could not be safely returned to her custody, the State did not make reasonable efforts to return X.M. to her custody, and termination is not in X.M.’s best interest.  OPINION HOLDS: The district court properly terminated the mother’s parental rights under paragraph (f) because she is unable to provide the supervision he needs.  Termination is in X.M.’s best interests, and no factors preclude termination.

           Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2010.  She contends the State failed to prove the grounds for termination cited by the district court and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to her child.