2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jones County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Greer, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to three children, contending that termination was not in the children’s best interests, the district court should have granted an exception to termination based on the parent-child bond, and the court should have given him six additional months to work toward reunification.  OPINION HOLDS: Because the father failed to address the safety concerns that precipitated removal of the children from his custody, there was no evidence of a strong parent-child bond, and we agree with the district court that the father is unlikely to properly take advantage of any additional time, we affirm. 

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (6 pages)

            A father appeals the termination of his parental rights to his children.  OPINION HOLDS: Without deciding whether the father waived error on his claim that the Iowa Department of Human Services did not make reasonable efforts to reunite his family because he failed to request additional services, we conclude the benefit flowing from additional visits would not have outweighed the immediate needs of the children.  Termination is in the children’s best interests, and the father has failed to prove one of the circumstances listed in Iowa Code section 232.116(3) (2019) exists to avoid termination of his parental rights.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Vogel, S.J.  Opinion by Doyle, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because clear and convincing evidence shows the children could not be returned to the mother’s care at the time of the termination hearing, we affirm termination of the mother’s parental rights under Iowa Code section 232.116(1)(h) (2019).  We deny the mother’s request for additional time and decline to apply the provisions of Iowa Code section 232.116(3)(a) to avoid terminating the mother’s parental rights because doing so would be contrary to the children’s best interests. 

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Mullins, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The statutory grounds for termination are satisfied, DHS provided reasonable efforts for reunification, termination is in the children’s best interests, and the mother’s bond with the children does not preclude termination.  Therefore, we affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the termination of her parental rights to a nine-year-old child arguing for more time, and the child’s grandfather appeals the denial of a guardianship.  OPINION HOLDS: Given the mother’s past performance, marked by substance abuse and inadequate supervision of the child, we find no prospect she can improve enough to warrant an additional six month extension of permanency.  The grandfather also has not demonstrated an ability to supervise the child adequately.  It would not be in the child’s best interests to place her in a guardianship with the grandfather.  We affirm the juvenile court.

            Appeal from the Iowa District Court for Madison County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (9 pages)

            A father appeals the termination of his parental rights to his two children, born in 2014 and 2015.  He complains the children were not placed with their paternal grandmother upon removal, argues termination is not in the children’s best interests, and requests an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Scott County, Korie Shippee, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            A mother appeals the termination of her parental rights to two minor children under Iowa Code chapter 232 (2019).  She does not contest the grounds for termination but claims two exceptions to termination apply: (1) the children are placed with relatives and (2) termination would harm the children based on their closeness with the mother.  The mother requests a guardianship instead of termination.  OPINION HOLDS: We decline to apply the permissive exceptions to termination, reject the mother’s request for a guardianship, and affirm the termination order.

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

            A mother appeals from a district court order terminating her parental rights with respect to her daughter.  OPINION HOLDS: The state made reasonable efforts to reunify and the trial court did not improperly refuse to grant a six-month extension for further reunification efforts.   Termination of the mother’s parental rights is affirmed.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            A father asserts the termination of his parental rights to his two children is not in their best interests.  OPINION HOLDS: Because the father has been incarcerated since 2016 with a release date no earlier than January 2021 and has maintained no relationship with the children since his incarceration, we find termination is in the children’s best interests and affirm. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to two school-aged children, arguing it is not in their best interests.  OPINION HOLDS: The mother showed little interest in addressing the substantial substance abuse, domestic violence, and mental health issues that have caused substantial trauma to these children.  Termination is in their best interests.  We affirm. 

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            A mother appeals a permanency order transferring guardianship and custody of her two children to suitable others, contending she should have been allowed a six-month extension.  OPINION HOLDS: We affirm the permanency order transferring guardianship and custody of the children to suitable others.