Filed Dec 05, 2018
View Opinion No. 18-0701
View Summary for Case No. 18-0701
Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge. AFFIRMED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (3 pages)
Lionel Vela challenges the sentence imposed after pleading guilty to one count of forgery. OPINION HOLDS: The district court properly exercised its discretion in imposing the sentence. Although Vela cites factors he believes the court should have considered or given more weight, the sentence is not unreasonable or based on untenable grounds.
Filed Dec 05, 2018
View Opinion No. 18-0728
View Summary for Case No. 18-0728
Appeal from the Iowa District Court for Monroe County, William S. Owens, Associate Juvenile Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Tabor, J. (7 pages)
A father appeals from the termination of his parental rights to two children on private petition by their mother. OPINION HOLDS: The mother showed by clear and convincing evidence the father abandoned the children by rejecting the duties imposed by a parent-child relationship, largely due to his abuse of illegal drugs. The mother also showed by clear and convincing evidence the children’s best interests are served by allowing them to remain in their current situation with their mother and stepfather, who wishes to adopt them. We affirm.
Filed Dec 05, 2018
View Opinion No. 18-0739
View Summary for Case No. 18-0739
Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (7 pages)
A mother appeals the juvenile court order terminating her parental rights in a private termination action. OPINION HOLDS: We find the mother abandoned the children and termination is in the children’s best interests.
Filed Dec 05, 2018
View Opinion No. 18-0875
View Summary for Case No. 18-0875
Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. (10 pages)
A mother and father challenge an order terminating their rights in their children. OPINION HOLDS: The State proved by clear and convincing evidence that the children could not be returned to the father at the time of termination. The Iowa Department of Human Services made reasonable efforts to reunify the father with his children. The court did not err in denying the mother and father an additional six months toward reunification. The court did not err in finding that termination was in the best interests of the children.
Filed Dec 05, 2018
View Opinion No. 18-1022
View Summary for Case No. 18-1022
Appeal from the Iowa District Court for Delaware County, Linnea M.N. Nicol, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (8 pages)
A mother appeals the district court’s decision denying her petition seeking to terminate the father’s parental rights. OPINION HOLDS: We find the court properly determined the mother did not meet her burden to show by clear and convincing evidence the father had abandoned the child. Due to our finding on this issue, we do not consider whether termination was in the child’s best interests. We affirm the district court’s decision.
Filed Dec 05, 2018
View Opinion No. 18-1083
View Summary for Case No. 18-1083
Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge. AFFIRMED. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by Vogel, P.J. (6 pages)
The mother appeals the termination of her parental rights to W.G., born January 2004, and T.G., born March 2002. She argues the State failed to prove by clear and convincing evidence that grounds for termination exist under Iowa Code section 232.116(1)(f) (2018), termination is not in the best interests of the children, and there is a strong bond between her and the children that precludes termination under Iowa Code section 232.116(3)(c). OPINION HOLDS: We conclude the State proved by clear and convincing evidence the grounds for termination of the mother’s parental rights. Additionally, termination is in the best interests of the children and any bond between the mother and children does not preclude termination.
Filed Dec 05, 2018
View Opinion No. 18-1131
View Summary for Case No. 18-1131
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by Vaitheswaran, J. (3 pages)
A mother and father appeal from a decision terminating their parental rights to their minor child, arguing termination is not in the child’s best interests. OPINION HOLDS: We agree with the district court that termination is in the child’s best interests, and we affirm on both appeals.
Filed Dec 05, 2018
View Opinion No. 18-1223
View Summary for Case No. 18-1223
Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge. MOTION TO DISMISS OVERRULED; JUDGMENT AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, J. (13 pages)
A temporary custodian, Linda, appeals a joint permanency and termination order transferring custody and guardianship of her niece to the department of human services (DHS). The State filed a motion to dismiss the appeal, arguing Linda only intervened in the child-in-need-of-assistance case, not the termination-of-parental-rights case, and the permanency order she now challenges is not a final appealable order. Linda also appeals the denial of her motion for new trial based on newly discovered evidence and an evidentiary issue. OPINION HOLDS: The motion to dismiss is overruled. The joint permanency-termination order was not interlocutory but a final ruling on V.L.’s guardianship and custody. And Linda did not have to intervene in the termination case when the court combined the proceedings. Nor are the appeal issues moot. On our de novo review, we reach the same conclusion as the juvenile court, that guardianship and custody should be transferred to the DHS, which can consider whether Linda is an appropriate long-term placement. We affirm the district court's rulings on the motion for new trial and the evidentiary issue. Neither would have changed the decision to transfer custody and guardianship to the DHS.
Filed Dec 05, 2018
View Opinion No. 18-1236
View Summary for Case No. 18-1236
Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge. AFFIRMED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Potterfield, J. (3 pages)
The mother appeals the termination of her parental rights to her child, Z.R. OPINION HOLDS: The mother does not challenge the ground upon which the court terminated her parental rights, and she raises no other arguments on appeal. We affirm.
Filed Dec 05, 2018
View Opinion No. 18-1526
View Summary for Case No. 18-1526
Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge. AFFIRMED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (4 pages)
A mother appeals the termination of her parental rights to her child. OPINION HOLDS: Termination is in the child’s best interests where the record shows that preserving the parent-child relationship would expose the child to more harm than would terminating the mother’s parental rights.
Filed Dec 05, 2018
View Opinion No. 18-1651
View Summary for Case No. 18-1651
Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (6 pages)
A mother of two children and the father of one of the children appeal the juvenile court order terminating their parental rights. OPINION HOLDS: We find the mother did not preserve error on her claim regarding reasonable efforts and termination is in the best interests of the children. We affirm the termination of the parents’ rights.
Filed Dec 05, 2018
View Opinion No. 18-1725
View Summary for Case No. 18-1725
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (7 pages)
A mother appeals a juvenile court order terminating her parental rights to her minor child. She challenges the sufficiency of the evidence to support termination, argues termination is not in the best interests of the child, and contends the statutory exception to termination contained in Iowa Code section 232.116(3)(c) (2018) should be applied to preclude termination. OPINION HOLDS: We conclude the State met its burden for termination under Iowa Code section 232.116(1)(h), termination is in the child’s best interests, and the mother failed to meet her burden to establish a statutory exception to termination. We therefore affirm the termination of the mother’s parental rights.