Filed Dec 15, 2021
View Opinion No. 21-0721
View Summary for Case No. 21-0721
Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., May, J., and Scott, S.J. Opinion by Scott, S.J. (5 pages)
Eric Freeman Jr. appeals the sentence imposed upon his conviction of possession of marijuana with intent to deliver. He argues the district court abused its discretion in denying his request for a deferred judgment. OPINION HOLDS: On our review, we are unable to conclude the court exercised its discretion on untenable grounds or to an extent clearly unreasonable, and we affirm the sentence imposed.
Filed Dec 15, 2021
View Opinion No. 21-1221
View Summary for Case No. 21-1221
Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (9 pages)
A mother appeals the termination of her parental rights, contending the court should have granted her additional time to reunify with her child and termination is not in the child’s best interests. OPINION HOLDS: The mother’s request for delayed appeal is granted. An additional extension is not warranted, and termination of the mother’s parental rights is affirmed.
Filed Dec 15, 2021
View Opinion No. 21-1280
View Summary for Case No. 21-1280
Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge. AFFIRMED. Considered by Mullins, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (7 pages)
Following termination of their son’s parental rights, paternal grandparents who intervened in the child-in-need-of-assistance (CINA) proceedings appeal the district court decision closing the CINA case after the minor children were adopted by the maternal grandmother. OPINON HOLDS: We find the court properly closed the CINA proceedings. The paternal grandparents were not entitled to notice of the adoption proceedings. Therefore, the failure to provide them with notice is not a reason to keep the CINA proceedings open. We affirm the decision of the district court.
Filed Dec 15, 2021
View Opinion No. 21-1296
View Summary for Case No. 21-1296
Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by May, J. (5 pages)
A father appeals the termination of his parental rights. OPINION HOLDS: The statutory grounds authorizing termination are satisfied. And termination is in the children’s best interests.
Filed Dec 15, 2021
View Opinion No. 21-1308
View Summary for Case No. 21-1308
Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (8 pages)
The mother appeals from the termination of her parental rights. The mother argues that the State did not make reasonable efforts toward reunification and that the juvenile court did not consider potential exceptions to termination. OPINION HOLDS: The mother did not bring her concerns about services offered to the court’s attention until her termination hearing. The exceptions she points to do not overcome the need for termination. We affirm the termination of the mother’s parental rights.
Filed Dec 15, 2021
View Opinion No. 21-1345
View Summary for Case No. 21-1345
Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (11 pages)
A father appeals the order denying his request to modify placement of his two children and overruling his application for rule to show cause against the children’s grandparents, who were appointed guardians under Iowa Code chapter 232D (2021). OPINION HOLDS: Because we find the father failed to show that placement in his custody was in the children’s best interests, we affirm the denial of his request to modify the permanency order. We also find the juvenile court acted within its discretion in deciding not to hold the grandparents in contempt for violating the visitation schedule and thus affirm.
Filed Dec 15, 2021
View Opinion No. 21-1357
View Summary for Case No. 21-1357
Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (9 pages)
The State appeals the juvenile court’s modification of a permanency order to place a child with her maternal aunt instead of in foster care. OPINION HOLDS: After reviewing the record de novo, we find the juvenile court’s decision was in the best interests of the child. We accordingly affirm.
Filed Dec 15, 2021
View Opinion No. 21-1366
View Summary for Case No. 21-1366
Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge. AFFIRMED. Considered by Bower, C.J., Badding, J., and Doyle, S.J. Opinion by Doyle, S.J. (6 pages)
A mother appeals the termination of her parental rights to her child. OPINION HOLDS: Because the child could not be returned to the mother’s care at the time of the termination hearing, termination is appropriate under Iowa Code section 232.116(1)(h) (2021). The mother failed to preserve a challenge to the State’s reasonable efforts to return the child to her care, and there is no basis for finding that granting the mother more time would eliminate the need for the child’s removal. Because termination is in the child’s best interest, we affirm.
Filed Dec 15, 2021
View Opinion No. 21-1399
View Summary for Case No. 21-1399
Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by Tabor, J. (5 pages)
A mother and father separately appeal the termination of their parental rights to three children. OPINION HOLDS: Because the State proved the statutory grounds for termination and termination was in the children’s best interests, we affirm on both appeals.
Filed Dec 15, 2021
View Opinion No. 21-1433
View Summary for Case No. 21-1433
Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge. AFFIRMED. Considered by Mullins, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
A mother appeals the termination of her parental rights as to her young son. OPINION HOLDS: The statutory requirements for termination were satisfied, and termination is in the child’s best interests due to unresolved substance-abuse and mental-health concerns.