2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Decatur County, Monty Franklin, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A father appeals the termination of his parental rights to his child, arguing (1) the State failed to prove the ground for termination cited by the district court and (2) termination is not in the child’s best interests.  OPINION HOLDS: We find the first issue dispositive.  We conclude the State failed to prove the child could not be returned to the father’s custody.  We reverse the order terminating his parental rights to the child and remand for dismissal of the petition.

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Parents separately appeal the termination of their parental rights to the youngest two of their five children, born in 2015 and 2017.  OPINION HOLDS: We reverse the termination of the parents’ rights to the youngest two children on the basis of the statutory exception to termination set forth in Iowa Code section 232.116(3)(c) (2018).  We remand for continued reunification services for the parents and all five children.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Carr, S.J.  Opinion by Mullins, J.  (4 pages)

                Darnell Holman appeals his conviction following a guilty plea to assault causing bodily injury and the sentence imposed.  He argues his trial counsel rendered ineffective assistance in allowing him to plead guilty absent a sufficient factual basis to support the charge and the court abused its discretion in sentencing him to reside in a residential correctional facility.  OPINION HOLDS: We find counsel was not ineffective as alleged and no abuse of discretion occurred.  We affirm Holman’s conviction and sentence. 

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

            The mother appeals the termination of her parental rights to B.A., born in May 2017.  The juvenile court terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(d) and (h) (2018).  On appeal, the mother purports to challenge the statutory grounds for termination.  Additionally, she argues she should have been given additional time to work toward reunification and termination is not in B.A.’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  APPEAL DISMISSED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Vogel, C.J.  (6 pages)

            A mother challenges a juvenile court order transferring jurisdiction from the Iowa District Court to the Wind River Tribal Court, contending the court erred in “transferring jurisdiction to the Wind River Tribal Court three days after the Tribe had filed the request and without further notice or hearing.”  OPINION HOLDS: Because the district court’s ruling was not stayed pending appeal and the child was transferred to the State of Wyoming, the issue raised by the mother is now academic.  The matter is moot, and the appeal must be dismissed.  SPECIAL CONCURRENCE ASSERTS: I agree this matter is moot and the appeal should be dismissed.  However, had the mother sought to stay the action pending this appeal, she should have then been granted a hearing on her resistance to transferring jurisdiction. 

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Bower, JJ.  Opinion by Doyle, P.J.  (4 pages)

            A father appeals the order granting the mother’s petition to terminate his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence shows the father abandoned the child and termination is in the child’s best interests.  Accordingly, we affirm the order terminating the father’s parental rights under Iowa Code section 600A.8(3)(b) (2018).

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A father appeals the termination of his parental rights in his child.  OPINION HOLDS: The department of human services made reasonable efforts toward reunification by providing services appropriate to this family.  Termination of the father’s parental rights is in the child’s best interest.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because there is clear and convincing evidence the child cannot be returned to the mother’s care without risk of harm, the State made reasonable efforts to reunify the mother and child, and no exception weighs against termination, we affirm.

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother and father appeal the termination of their parental rights to one child.  OPINION HOLDS: Because the parents failed to challenge all the statutory grounds for termination, they have waived those issues on appeal.  The father complains about the reasonable efforts of the Department of Human Services (DHS), but we find the DHS met its obligation to make reasonable efforts in this case.  Further, because we determine the child’s best interests are served by termination of their rights, we affirm the juvenile court order.

            Appeal from the Iowa District Court for Audubon County, Amy L. Zacharias, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to one child.  She contends the State did not prove the statutory grounds for termination; that termination would be detrimental to D.B. based on their bond; and the department of human services (DHS) failed to make reasonable efforts toward reunification.  OPINION HOLDS: The State proved the grounds for termination under Iowa Code section 232.116(1)(h) (2018) because the mother made no progress in her substance abuse or mental health issues leading to the initial removal.  The parent-child bond does not operate to prevent termination here.  We find DHS made reasonable efforts under the circumstances and termination is in the child’s best interests.  We affirm. 

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (3 pages)

            The father appeals the termination of his parental rights to his child, M.A.  The juvenile court terminated the father’s parental rights pursuant to Iowa Code section 232.116(1)(b), (e), and (h) (2018).  The father argues he should have been given additional time to work toward reunification and termination of his rights is not in M.A.’s best interests.  OPINION HOLDS: Because an extension of time is not warranted and termination of the father’s parental rights is in M.A.’s best interests, we affirm.

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

            A mother appeals the termination of her parental rights, arguing the juvenile court should have declined to terminate her rights under the permissive grounds listed in Iowa Code section 232.116(3)(b) (2018) because her teenage daughters objected to termination.  OPINION HOLDS: Because we conclude termination of the mother’s parental rights was proper despite the objection of the children at the termination hearing, we affirm.