May 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The father consented to the termination of his parental rights pursuant to Iowa Code section 600A.8(5) (2019).  He now appeals.  OPINION HOLDS: Error was not preserved on any of the father’s issues.  Even if we were to disregard error preservation, the father’s consent was voluntarily and intelligently given, the father’s consent was not required to be in writing, and the father had notice of the amended petition and consented to it.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be safely returned to either parent’s care at the time of the termination.  We affirm the termination of each parent’s rights under Iowa Code section 232.116(1)(h) (2019).  The father failed to preserve error on his reasonable-efforts challenge.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to two children, aged two and five.  She contests the statutory grounds for termination, argues the State failed to make reasonable reunification efforts, and asserts termination would be detrimental due to the closeness of the parent-child relationship.  OPINION HOLDS: The mother’s ongoing substance-abuse and personal issues render her home unsafe for a return of the children’s custody, so the State proved the statutory ground for termination by clear and convincing evidence.  The mother failed to preserve error on her reasonable-efforts challenge.  She also failed to show the termination would be detrimental to the children.  Accordingly, we affirm the termination of her parental rights. 

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

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

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            A father appeals the termination of his parental rights to his child, contending (1) the State failed to prove the grounds for termination cited by the juvenile court and (2) termination was not in the child’s best interests.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the father’s parental rights. 

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

            Parents separately appeal a permanency order transferring guardianship and custody of their child, born in 2004, to a suitable other pursuant to Iowa Code section 232.104(2)(d)(1) (2018).  Both parents argue the court should have instead directed the State to institute termination proceedings under section 232.104(2)(c).  OPINION HOLDS: We agree with the juvenile court that transfer of guardianship to suitable others is the best permanency option, termination would be contrary to the child’s best interests, services were offered to alleviate the need for removal, and the child cannot be returned to the parental home.  We affirm.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            A mother appeals the permanency order transferring custody and guardianship of her thirteen-year-old son to his current placement, his step-father, and finding the State made reasonable efforts at reunification.  OPINION HOLDS: The mother has waived her argument the State failed to make reasonable efforts to reunite her with the child.  And we agree with the district court that services have been offered to correct the circumstances leading to removal of A.D., and yet the child cannot return to the mother’s home.  We affirm the juvenile court permanency order. 

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to their child, born in 2018.  The mother challenges the sufficiency of the evidence supporting the statutory ground for termination cited by the juvenile court, argues the Iowa Department of Human Services failed to make reasonable efforts at reunification, and requests a six-month extension to work toward reunification.  The father challenges the sufficiency of the evidence supporting termination, argues termination is contrary to the child’s best interests, questions the State’s reasonable efforts at reunification, maintains a guardianship should have been established in a relative in lieu of termination, asks for the application of statutory exceptions to termination, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the father’s parental rights, termination is in the child’s best interests, and extending this case for an additional six months is not warranted.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother and father appeal the juvenile court decision finding their children were in need of assistance (CINA).  OPINION HOLDS: We conclude the juvenile court properly determined the children should be adjudicated CINA.  The parents were not adequately addressing the children’s medical, dental, and educational needs.  The children could not be returned to the parents’ care at the time of the dispositional hearing.  We concur in the court’s placement of the children.  We affirm the decision of the juvenile court.