September 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother and father each appeal a juvenile court order terminating their parental rights.  OPINION HOLDS: There is clear and convincing evidence in the record to support termination of the mother’s parental rights, and the court properly denied her request for an extension of time.  The father did not raise any claims concerning the termination of his parental rights.  We conclude his parental rights were properly terminated.  We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to his children.  He contends termination was not in the children’s best interests and the juvenile court should have invoked certain exceptions to termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the children.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  She contends (1) the State failed to prove the ground for termination cited by the court and (2) termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child. 

            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 Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            On appeal, the father and the intervenors contend the juvenile court erred in not finding the mother had relapsed and that the children should remain with the father.  OPINION HOLDS:  The juvenile court found both parents were capable of caring for their children at the time of the permanency-review hearing and determined the children could be returned to the mother, from whom the children had been removed.  We find no reason to disturb the juvenile court’s ruling and we therefore affirm.

            Appeal from the Iowa District Court for Benton County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (9 pages)

            A mother appeals the termination of her parental rights to her minor child.  She argues: (1) termination is not in the child’s best interests, (2) the State failed to make reasonable efforts at reunification, and (3) she should have been given additional time for reunification.  OPINION HOLDS: We conclude termination is in the child’s best interests, the mother failed to preserve error on her reasonable-efforts challenge, and additional time is unwarranted.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED. Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Potterfield, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to her two children.  She argues she should have additional time because she has a different attorney on appeal.  She also argues the Iowa Department of Human Services’ repeated failure to provide her with permanency plans violates her due process rights and it was abuse of discretion on the part of the district court to terminate her parental rights without the permanency plans. OPINION HOLDS: No due process violations occurred.  The mother’s abuse-of-discretion argument was not raised at any point before appeal and was not substantiated in the mother’s petition.  We affirm.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Greer, JJ.  Opinion by Potterfield, P.J.  (5 pages)

            The mother appeals the termination of her parental rights to three of her children, who are all age three or younger.  The juvenile court terminated the mother’s parental rights to each child pursuant to Iowa Code section 232.116(1)(e) and (h) (2019), citing the mother’s unresolved use of methamphetamine, housing instability, and issues involving mental health.  On appeal, the mother claims there is insufficient evidence to support the statutory grounds for termination and, in the alternative, asks for an extension of time to work toward reunification.  OPINION HOLDS: The statutory grounds for termination have been met, and an extension of time is not warranted.  We affirm the termination of the mother’s parental rights.