2019 Archive | Court of Appeals Court Opinions

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

            A mother appeals the juvenile court’s termination of her parental rights to her two sons, arguing the State failed to make reasonable efforts toward reunification.  OPINION HOLDS: Because we conclude the State’s attempts to provide services to further the goal of reunification were reasonable under the circumstances, we affirm.

            Appeal from the Iowa District Court for Clarke County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (2 pages)

            A mother appeals the termination of her parental rights to her minor child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (9 pages)

            A mother and father appeal the termination of their parental rights.  Both parents argue the State did not prove the grounds for termination and the district court improperly denied their requests for an additional six months to achieve reunification.  The father additionally argues termination is not in the child’s best interest, the Iowa Department of Human Services (DHS) did not make reasonable efforts toward reunification, and the district court should have placed the child in a guardianship to avoid termination.  OPINION HOLDS: The State proved the grounds for termination as to both parents, as T.A. could not be returned at the time of the termination hearing.  The district court properly denied both parents’ requests for an additional six months to achieve reunification, as neither could show they would be ready to parent at the end of six months.  As to the father, termination is in T.A.’s best interests, DHS made the reasonable decision to decline to hold visitation at the father’s correctional facility, and the district court did not err in declining to place T.A. in a guardianship to preserve the parent-child relationship. 

            Appeal from the Iowa District Court for Montgomery County, Amy L. Zacharias, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother appeals the termination of her parental rights to her child, born in 2018.  She argues (A) the State failed to prove the grounds for termination cited by the district court; (B) the department of human services failed to make reasonable efforts to reunify her with the child; (C) the district court should not have terminated her parental rights based on the parent-child bond; and (D) the district court should have afforded her additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: The father failed to preserve his procedural due process claim for our review.  Because clear and convincing evidence supports the finding that the father abandoned or deserted the child, we affirm the termination of his parental rights pursuant to Iowa Code section 232.116(1)(b) (2018).

            Appeal from the Iowa District Court for Linn County, Susan F. Flaherty, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., Tabor, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            A mother and a father separately appeal from the termination of their parental rights.  OPINION HOLDS: On our de novo review, we find clear and convincing evidence supports termination of both parents’ rights, and termination and adoption will best provide the children with much needed permanence.  We therefore affirm on both appeals.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find the State established by clear and convincing evidence the children could not be returned to the mother, and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., Bower, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            A mother and a father separately appeal the termination of their parental rights.  The mother challenges the grounds for termination and claims termination is not in the child’s best interests and an exception should be applied to avoid termination.  The father does not challenge that grounds exist for termination, but like the mother, claims termination is not in the child’s best interests.  OPINION HOLDS: There is clear and convincing evidence to support termination of parental rights pursuant to Iowa Code section 232.116(1)(e) (2018).  In light of the parents’ unresolved substance-abuse and domestic-violence issues, termination of parental rights is in the child’s best interests.  We decline to apply an exception to termination.  

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            A mother and father appeal the juvenile court decision terminating their parental rights.  OPINION HOLDS:  We find the mother did not show the Iowa Department of Human Services failed to act with due diligence in contacting relatives, she does not have standing to challenge the juvenile court’s decision to not permit the paternal grandmother to intervene, and she did not request additional services in a timely manner.  The father improperly attempted to join the first two issues raised by the mother.  We affirm the juvenile court’s decision terminating the parental rights of the mother and father

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            The mother appeals from the termination of her parental rights to her child, P.L., who was born in 2011.  The mother challenges the court’s denial of her motion, filed one day before the scheduled termination trial, requesting additional services and a six-month continuance of the trial.  She argues the State did not fulfill its duty to make reasonable efforts to reunify her with P.L.  OPINION HOLDS: Insofar as the mother challenges the juvenile court’s denial of her motion to continue, we find no abuse of discretion.  The mother’s request for new or additional services one day before trial does not preserve her claim regarding reasonable efforts, and a delay of permanency would not be appropriate here.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            A mother appeals from the termination of her parental rights.  OPINION HOLDS: Because grounds for termination exist and termination of the mother’s rights will best provide for the children’s long-term nurturing and growth, and their physical, mental, and emotions needs, we affirm.

            Appeal from the Iowa District Court for O’Brien County, David C. Larson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            A mother and father separately challenge the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.