2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            The mother, L.W., concedes the State met its burden on the first three elements of Iowa Code section 232.116(1)(f) (2020) but argues it failed to meet its burden regarding the remaining element, that D.G. could not be returned to her care at the time of the termination hearing.  OPINION HOLDS: Based upon our de novo review, we find the State established by clear and convincing evidence that the child could not be returned to L.W.’s care and her parental rights should be terminated.

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Ahlers, JJ.  Opinion by Doyle, J.  Dissent by Vaitheswaran, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: The State proved the grounds for termination under section 232.116(1)(f) and (h) (2019) because the children cannot be returned to the mother’s care without exposing the children to harm.  The children’s best interests require terminating the mother’s parental rights, and none of the circumstances set forth in section 232.116(3) exist.  DISSENT ASSERTS: Because the mother made marked improvements in her compliance with department expectations notwithstanding the COVID-19 pandemic, I would reverse the termination decision and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Schumacher, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A mother, Danielle, appeals the juvenile court’s order terminating her parental rights to her two-year-old son.  OPINION HOLDS: Finding termination was proper under Iowa Code section 232.116(1)(h) (2020) and in the child’s best interests, we affirm. 

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            The mother and father appeal the juvenile court’s order terminating their parental rights to their two minor children, R.B. and R.B.  The juvenile court terminated the mother’s parental rights under Iowa Code section 232.116(1)(g) (2020), and the father’s parental rights under Iowa Code section 232.116(1)(g) and (h).  On appeal, the parents argue the State did not meet its burden to show the statutory grounds were present and termination was not in the children’s best interests.  OPINION HOLDS: The statutory grounds for termination of the mother and father’s parental rights pursuant to Iowa Code section 232.116(1)(g) have been established.  On our review of the record, we believe termination is in the children’s best interest.  We affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established a statutory ground for termination with respect to both parents.  Termination is in the child’s best interest.  The father is not entitled to additional time to work toward reunification.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find that granting the mother an extension of time is not in the child’s best interests.  Also, termination of the mother’s parental rights, rather than placing the child in a guardianship, is in the child’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: There is clear and convincing evidence in the record to support termination of the mother’s parental rights, and termination is in the child’s best interests.  Additionally, it is not in the child’s best interests to provide either parent additional time to work on reunification.  Lastly, no permissive exceptions in Iowa Code section 232.116(3) (2020) should be applied to prevent termination.  We affirm the termination of the parents’ rights.

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            The mother and father of R.H. separately appeal the termination of their parental rights.  OPINION HOLDS: Because the father has had no contact with R.H. since just after birth and failed to participate in reunification services, we affirm the termination of his parental rights.  Regarding the mother, we find clear and convincing evidence supports the statutory grounds for termination, termination of her parental rights is in the child’s best interests, and a guardianship is not an appropriate alternative to termination.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The biological father appeals from the order terminating his parental rights to the child.  OPINION HOLDS: We find clear and convincing evidence supports the statutory grounds for termination, termination of the father’s parental rights is in the child’s best interests, and the juvenile court correctly denied the father an additional six months to work toward unification.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            A mother appeals the termination of her parental rights pursuant to Iowa Code section 232.116(1)(h) (2020).  She maintains she should be granted a six-month extension and contends the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: The child has waited more than twice the statutory time frame and the mother only recently started to engage in substance-abuse and mental-health treatment.  An extension is not warranted and termination of the mother’s parental rights is in the child’s best interests. 

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (6 pages)

            The mother of Z.M. and K.T. and the father of Z.M. separately appeal the termination of their parental rights.  OPINION HOLDS: I. We affirm the termination of the father’s parental rights under Iowa Code section 232.116(1)(e) (2020).  The record shows termination is in Z.M.’s best interests because the father chose not to participate in services and, as a result, cannot provide Z.M. with a safe and permanent home.  II. The mother is not entitled to an extension of time under Iowa Code section 232.104(2)(b) because an extension would not eliminate the need for the children’s removal.  Any bond that exists between the mother and the children is outweighed by the bond the children have formed with their caretaker, who can provide for the children’s best interests.  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 ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            The mother and father separately appeal the termination of parental rights as to their children, L.M. and T.M.; the mother also appeals the termination of her rights as to L.V.  The mother asks for additional time to work toward reunification, and argues the juvenile court should have established a guardianship rather than terminating her parental rights.  The father also argues that the court should have established a guardianship instead of termination.  OPINION HOLDS: Granting the mother additional time would not end the need for the children’s removal, and establishing a guardianship is not in the best interest of the children.  Thus, we affirm the juvenile court’s termination of both parents’ rights.