April 2020 Archive | Court of Appeals Court Opinions

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

            A mother appeals a permanency order transferring guardianship and custody of her child.  OPINION HOLDS: We affirm the juvenile court’s permanency order.

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the adjudication of his children as children in need of assistance, contending the State did not prove the adjudicatory grounds by clear and convincing evidence.  OPINION HOLDS: Because we find clear and convincing evidence to support the adjudication on each ground found by the juvenile court, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (5 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: I. Clear and convincing evidence shows that returning the child to the mother’s care will expose the child to a harm warranting a new child-in-need-of-assistance adjudication.  The grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(h) (2019) have been met.  The child is not so closely bonded with the mother that termination of her parental rights would be detrimental to the child.  Because termination is in the child’s best interests, we affirm the termination of the mother’s parental rights.  II. We deny the father’s request to delay permanency six months because the issues that led to the child’s removal would continue to exist at the end of the six months.  We affirm the termination of the father’s parental rights.

            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 Tabor, P.J.  (4 pages)

            A father appeals a juvenile court review order asking the department of human services to commence a child protective assessment investigating him for possible child abuse of one daughter, after the daughter raised concerns about his recent actions to the court.  He also challenges the juvenile court’s suspension of his visitation with the child until completion of the investigation.  OPINION HOLDS: Because the father did not object to the order on the child protective assessment below, we do not address it on appeal.  We also find the visitation suspension is moot because the father subsequently was arrested and incarcerated and was evicted from his apartment, requiring a new assessment of his visitation.  We affirm.