November 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (8 pages)

            Macey, mother of one-year-old A.C., appeals the termination of her parental rights.  Macey argues it is not in A.C.’s best interests, that breaking their bond is detrimental, that the State failed to make reasonable efforts to reunite mother and daughter, and she should be given an additional six months to work toward assuming custody.  OPINION HOLDS: On our review of the record, we affirm termination of Macey’s rights.  The best interests, including consideration of the parent-child bond, requires termination.  The State made reasonable efforts toward reuniting the pair.  And an additional six months of time will not be enough to resolve Macey’s ongoing issues with drugs and instability.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (5 pages)

            A mother appeals the termination of her parental rights to her children, arguing termination is contrary to the children’s best interests, termination should have been averted by way of the permissive exception to termination contained in Iowa Code section 232.116(3)(c) (2019), and she should have been allowed an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to her children.

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

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We find the court properly determined in the permanency order the child should remain in foster care with his half-sibling rather than moving to the home of the father’s cousin.  We find termination of the father’s parental rights is in the child’s best interests and none of the exceptions to termination should be applied.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (4 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            The mother appeals the termination of her parental rights to J.R.  OPINION HOLDS: Because the mother has not overcome her years of substance abuse such that she can safely care for J.R., we affirm.

            Appeal from the Iowa District Court for Iowa County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, born in 2015.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (6 pages)

            A father seeks reversal of the juvenile court’s order terminating his parental relationship with his seven-year-old son.  While the father recognizes he cannot care for the child at the present time, he argues termination is not in his best interests and the court should exercise its discretion not to terminate based on the strong bond and the child’s relative placement.  OPINION HOLDS:  After considering the upheaval in the child’s home life and the toll it has taken on him, we decline to reverse the termination order.  Prolonging uncertainty about the child’s life will likely worsen his mental-health condition, and neither of the permissive factors weigh against termination in this case.  We affirm the termination order. 

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (6 pages)

            A father appeals adjudicatory and dispositional orders in a child-in-need-of-assistance action, contending (A) “[t]he first removal was premised solely on circumstances regarding the mother” and (B) his “constitutional right to care for his child should not have been infringed based upon his failure to submit to a worker’s request for drug testing.”  OPINION HOLDS: Upon our review, we affirm the juvenile court’s orders.   

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (11 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to a child.  The mother contends the State failed to prove the grounds for termination cited by the district court, termination was not in the child’s best interests, and she should have been afforded additional time to work toward reunification with the child.  The father contends the department failed to make reasonable efforts to reunify him with his child and the district court should have afforded him additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of parental rights to the child.

            Appeal from the Iowa District Court for Madison County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (7 pages)

            A mother appeals the termination of her parental rights to her three children, arguing termination is contrary to the children’s best interests and the court should have established a guardianship in the children’s maternal grandparents rather than terminate her parental rights.  OPINION HOLDS: We conclude termination of the mother’s parental rights is in the children’s best interests and the establishment of a guardianship in lieu of termination is inappropriate under the circumstances of this case.  We affirm the termination of the mother’s parental rights.  

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Mullins, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A father appeals the juvenile court order adjudicating his daughter a child in need of assistance.  OPINION HOLDS: Finding the adjudication is supported under paragraph (c)(2) of Iowa Code section 232.2(6) (2019), we affirm on that ground but reverse adjudication under paragraph (n).