March 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nichol, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals from a district court order terminating her parental rights over her daughter. OPINION HOLDS: The district court’s denial of an extension was appropriate in light of several continuances and the mother’s positive test for methamphetamine one week prior to the termination hearing.  We agree with the district court’s finding that termination is in R.B.’s best interests, and we decline to avoid the termination by employing the permissive exception in Iowa Code section 232.116(3)(c) (2019).

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence shows the child cannot be returned to the mother’s custody without exposing the child to the threat of probable harm based on the mother’s continued substance use.  Termination is in the child’s best interests, and nothing in the record supports a finding that the child is so bonded with the mother that terminating her parental rights would be detrimental to the child.  Because nothing in the record indicates the need for removal would be eliminated if the mother were granted additional time, we affirm the termination of her parental rights.

            Appeal from the Iowa District Court for Mills County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

                A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS:  We conclude the juvenile court did not abuse its discretion in denying the father’s motion to reopen the record.  There is clear and convincing evidence to support termination under Iowa Code section 232.116(1)(h) (2019).  It would not be in the children’s best interests to further delay this case.  Additionally, none of the factors in section 232.116(3) should be applied to prevent termination.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            A father appeals the juvenile court’s termination of his parental rights.  OPINION HOLDS: We conclude termination is appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A father appeals the termination of his parental rights to his three-year-old daughter.  He contends the juvenile court should have given him an additional six months to work toward reunification and it was not in his daughter’s best interests to terminate his rights.  OPINION HOLDS: A.D. has spent two of her three years of life outside of the father’s care.  After a previous child-in-need-of-assistance case was closed, the father had a severe relapse into alcoholism, resulting in A.D. being inadequately supervised.  Although the father has made recent efforts toward sobriety and stability, we are not convinced he has demonstrated his ability to maintain long-term sobriety outside the prison or treatment setting.  Under these circumstances, we are not confident the need for removal would no longer exist in six months.  We further find it was in A.D.’s best interests to terminate the father’s rights and pursue a permanent home for her after so long out of his care.  We affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A father appeals the termination of his parental rights to one child, challenging the statutory grounds for termination.  OPINION HOLDS: Upon our de novo review, we conclude the State proved the grounds by clear and convincing evidence.  Therefore, we affirm.  

            Appeal from the Iowa District Court for Sac County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The mother challenges the termination of her parental rights to her child, K.S.  OPINION HOLDS: Having considered each of the issues raised by the mother, we affirm the termination of her parental rights.

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights to, K.L., one of her four children.  OPINION HOLDS: Although the risk of adjudicatory harm to the three oldest children is low, clear and convincing evidence shows K.L. would be at risk if returned to the mother’s care, satisfying the grounds for termination under Iowa Code section 232.116(1)(h) (2019).  Because the State made reasonable efforts to return the child to the mother’s custody and granting the mother additional time would not eliminate the need for the child’s removal, we affirm the termination of the mother’s parental rights to K.L.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (4 pages)

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