September 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (15 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because we retain a substantial doubt about the conclusion reached by the juvenile court to terminate parental rights, we reverse termination of the mother’s parental rights and remand for further proceedings.  We find the State did not meet its burden to prove the children could not be returned to the mother’s care by clear and convincing evidence. 

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother appeals the termination of her parental rights, asserting termination is not in the child’s best interests.  OPINION HOLDS: The child deserves permanency, and we therefore affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            The father of J.H. appeals the review order that terminated the juvenile court jurisdiction and transferred jurisdiction to the probate court for the establishment of a guardianship for J.H.  OPINION HOLDS: Because transferring jurisdiction was a proper action under the Iowa Code and J.H. is thriving with her guardian and half-siblings, we affirm.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The mother and biological father of the child separately appeal the termination of their parental rights.  OPINION HOLDS: We agree with the juvenile court that the child could not be returned to either parent at the time of the termination hearing and termination of the parents’ parental rights is in the child’s best interest.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON ALL THREE APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother and two fathers separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports the grounds for termination for all three parents, termination is in the children’s best interests, and an extension of time is not warranted.  We affirm on all three appeals.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to a child, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) termination was not in the child’s best interests; (3) the district court should have invoked an exception to termination based on the bond he shared with the child; and (4) the district court should have afforded him additional time to achieve reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because clear and convincing evidence shows the child cannot be returned to the father’s care without risk of further adjudicatory harm, the grounds for termination under Iowa Code section 232.116(1)(h) (2020) have been met.  Because termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to her son.  She argues she should have been afforded additional time for reunification efforts and that a guardianship was the preferred permanency option over termination.  OPINION HOLDS: We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to her four children pursuant to Iowa Code section 232.116(1)(f), (h), and (l) (2020).  On appeal, the mother claims the juvenile court erred in holding the termination hearing telephonically despite her refusal to waive her personal presence and termination is contrary to the children’s best interests given the detriment resulting from severance of the parent-child relationships.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because it is in the child’s best interests to terminate the father’s parental rights, we affirm.

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            A father challenges the termination of his parental rights, asserting (1) a guardianship is in his daughter’s best interests and (2) the department of human services (DHS) failed to make reasonable efforts to reunite them.  OPINION HOLDS: Because of the lack of progress in the father’s substance-abuse, mental-health, homelessness, and joblessness issues, and the offer of a permanent home with the maternal grandfather, who has been the child’s primary caretaker for most of her life, we conclude termination is in her best interests.  The grandfather can provide a permanent and safe home, so we see no need to prolong the period of instability and impermanence.  We find the father failed to preserve his reasonable-efforts claim by not raising objections earlier; yet we would still find the DHS made reasonable efforts. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, challenging the sufficiency of the evidence supporting the statutory grounds for termination cited by the juvenile court and claiming termination is contrary to the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.