2020 Archive | Court of Appeals Court Opinions

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

            The mother appeals the termination of her parental rights to four of her children, born between 2010 and 2015.  The mother challenges the statutory grounds for termination, maintains the State failed to make reasonable efforts at reunification, and argues termination of her rights is not in the children’s best interests.  OPINION HOLDS: Because the State proved the statutory ground under Iowa Code section 232.116(1)(d) (2019), made reasonable efforts to reunify the family, and termination of the mother’s rights is in these children’s best interests, we affirm.

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Per Curiam.  (8 pages)

            L.H. appeals the district court decision finding he was seriously mentally impaired.  OPINION HOLDS: We conclude there is substantial evidence in the record to support the district court’s findings that without treatment L.H. would likely inflict serious emotional injury on individuals who lacked a reasonable opportunity to avoid contact with him.  We affirm the court’s decision.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            A father appeals the juvenile court permanency order directing the State to proceed with termination of his parental rights to three minor children as well as the order terminating his rights under Iowa Code chapter 232 (2019).  On appeal, the father argues the juvenile court should have granted him six more months to regain custody of the children rather than directing the State to initiate termination proceedings, the State failed to prove grounds for termination, termination is not in the children’s best interests, and an exception should be applied to prevent termination.  OPINION HOLDS: We conclude the father should have been given an additional six months to pursue reunification.  We reverse the termination of the father’s parental rights and remand for vacation of the juvenile court termination order, implementation of a six-month extension, and further proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Clayton 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)

            A mother appeals the termination of her parental rights to her minor child, J.H.  She argues the juvenile court erred when it determined the father met his burden to prove she had abandoned J.H. under Iowa Code section 600A.8(3) (2019) and found termination was in J.H.’s best interest.  OPINION HOLDS: Clear and convincing evidence establishes the mother abandoned J.H. under Iowa Code section 600A.8(3), and termination was in J.H.’s best interest.  We affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED IN PART AND REMANDED FOR ENTRY OF A NUNC PRO TUNC ORDER.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals from a district court order terminating his parental rights with respect to his daughter, K.W.  OPINION HOLDS: We agree with the district court’s determination that termination was in the child’s best interests, and we decline to apply the permissive exceptions to termination found in Iowa Code section 232.116(3) (2019).  Finally, we reject the father’s contention that his due process rights were violated by the district court’s scrivener’s error in the termination order.  The termination order is affirmed.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights.  She contests the grounds for termination, claims termination is not in the child’s best interests, and requests an additional six months to achieve reunification.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  Special Concurrence by Ahlers, J.  (25 pages)

            The State and the paternal grandfather separately appeal the juvenile court’s order removing the Iowa Department of Human Services (DHS) as the child’s guardian.  OPINION HOLDS: We conclude DHS acted unreasonably and not in the best interests of the child by failing to follow Iowa Administrative Code rule 441-200.4(3) in selecting an adoptive family and by overruling the adoption selection staffing’s choice of the foster parents as the adoptive family for this child.  We affirm the juvenile court order removing DHS as the child’s guardian.  SPECIAL CONCURRENCE ASSERTS: Although I concur in the outcome, I write separately for two reasons.  First, I disagree with the conclusion the DHS followed an improper procedure because I do not believe the regulation at issue gives binding decision-making authority to the persons selected to participate in the conference required by the regulation.  Second, I believe it is important to emphasize that the DHS’s failure to give proper preference to the child being placed with the child’s half-sibling is the key factor in deciding to remove the DHS as guardian.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because the State proved the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(i) (2019) by clear and convincing evidence, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

            The appellant challenges the juvenile court’s denial of his motion to intervene in a child-in-need-of-assistance proceeding.  OPINION HOLDS: The proposed intervenor did not show a sufficient interest in the matter to intervene to seek custody.  We find no error and affirm. 

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

            A father appeals the order terminating his parental rights to an eleven-year-old daughter.  He contends he would have been ready to parent within six months because he would be released from prison on parole soon.  OPINION HOLDS: There is insufficient evidence in the record, other than the father’s assertions, that he will be released on parole in the near future.  He has also never parented the child because he has been incarcerated in another state most of her life.  We do not have reason to believe the need for removal will no longer exist after an extension of six months.  Therefore, we affirm the juvenile court order. 

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (5 pages)

            A father appeals the juvenile court’s permanency order establishing a guardianship for one of his children.  He contends the Iowa Department of Human Services did not make reasonable efforts toward reunification and a guardianship is not in the child’s best interest.  OPINION HOLDS: The father did not preserve error on his reasonable-efforts claim.  We conclude establishment of a guardianship is in the child’s best interest.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers JJ.  Opinion by Mullins, J.  (3 pages)

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