February 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            A father appeals the termination of his parental rights to his two children.  OPINION HOLDS: We find the State proved the statutory grounds for terminating the father’s parental rights to both children, termination is in the children’s best interest, and consideration of the father’s refusal to participate in drug testing does not violate the constitutional prohibition on unreasonable search and seizure.  Therefore, we affirm the termination of the father’s parental rights to both children.

            Appeal from the Iowa District Court for Polk County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the juvenile court order terminating his parental rights to his child, contending termination of his parental rights is not in the child’s best interest and the department failed to make reasonable efforts to reunify him with the child.  OPINION HOLDS: We affirm the termination of the father’s parental rights to his child.

            Appeal from the Iowa District Court for Webster County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be returned to the mother’s care at the time of the termination hearing, and termination is in the child’s best interests.  Because no credible evidence suggests the need for removal of the child will no longer exist at the end of an additional six-month period, the record does not support continuing the child’s placement.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The father appeals the termination of his parental rights to M.D., born in June 2018.  The father challenges the statutory grounds for termination and maintains the court should have applied a permissive factor to save the parent-child relationship, as M.D. remains in the custody of her mother.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Clinton County, Mark Fowler, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights.  She does not contest that grounds for termination exist.  However, she asserts termination is not in the child’s best interests.  OPINION HOLDS:  We agree with the juvenile court that termination and adoption will best provide N.P. with stability and permanency, and we therefore affirm.