June 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            The mother and father separately appeal the termination of their parental rights to their daughter, S.A., who was born in December 2015.  The juvenile court terminated both the mother’s and the father’s parental rights pursuant to Iowa Code section 232.116(1)(h) (2018).  Both parents argue the State failed to prove the statutory grounds by clear and convincing evidence.  The mother also argues that the court should have granted a six-month deferment instead of termination.    OPINION HOLDS: Clear and convincing evidence supports the termination of both the mother’s and father’s parental rights.  The juvenile court properly denied the mother’s request for a six-month deferral.  We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (8 pages)

            A grandmother appeals the juvenile court order denying her petition to intervene in child-welfare cases involving four children.  OPINION HOLDS: The grandmother’s decision to intervene was untimely for intervention in the child-in-need-of-assistance proceedings.  She still had an interest as an intervenor in the post-termination phase of proceedings.  But given concerns about her criminal history and protective capacity concerning the children’s father, we find no error in the juvenile court’s denial of her motion to intervene. 

            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 Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother and father appeal the termination of their parental rights to their minor child, contending (1) the record lacks clear and convincing evidence to support the ground for termination cited by the juvenile court; (2) termination is not in the child’s best interests; and (3) the juvenile court should have declined to terminate their parental rights based on the closeness of the parent-child bonds.  OPINION HOLDS: We conclude reunification with either parent is not an option.  Given the father’s violent propensities and both parents’ continued drug use, termination is in the child’s best interests.  Additionally, the juvenile court acted appropriately in declining to invoke the parent-child bond exception to termination.  Accordingly, we affirm the termination of the parents’ rights to the child.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (8 pages)

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

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother appeals the termination of her parental rights to five children.  She contends the court erred in not ordering transcripts, finding the DHS made reasonable efforts, and finding termination is in the children’s best interests.  OPINION HOLDS: On our de novo review, we affirm the findings of the juvenile court. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because we agree with the juvenile court that the State proved the grounds for termination of parental rights and that termination was in the children’s best interests, we affirm the juvenile court’s order terminating the mother’s parental rights.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  REVERSED IN PART AND REMANDED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A mother and the father of one of her children appeal the juvenile court's removal order in a child-in-need-of-assistance proceeding.  OPINION HOLDS: We find there is not clear and convincing evidence supporting removal of the children.  We reverse the district court’s removal of all the children from the mother’s custody, and removal of the youngest child from her father’s custody.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.  Tabor, J., takes no part..  Opinion by Doyle, J.  (6 pages)

            A father appeals the termination of his parental rights to his children.  OPINION HOLDS: The record shows the children are in need of permanency, and all of the children are doing well in their placement with relatives.  Ultimately, the children’s best interests are served by termination of the father’s parental rights.  Consequently, we affirm the juvenile court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination and termination is in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to his two children, arguing termination is not in the children’s best interests.  OPINION HOLDS: We conclude the father was in no position to parent his children safely, and we agree with the district court that termination of his parental rights is in the children’s best interests.  We affirm the termination of the father’s parental rights to the children.

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We find her request for a six-month extension is unwarranted and decline to apply any exceptions.  We find termination is in the best interests of the children.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Tacari Minifee appeals his convictions and sentences for the crimes of first-degree murder and first-degree robbery, raising claims of ineffective assistance of counsel and district court error in admitting certain evidence.  OPINION HOLDS: Preserving some claims for possible postconviction relief, we affirm Minifee’s judgment and sentences for both crimes.