August 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            D.S. appeals the district court decision finding he was seriously mentally impaired.  He challenges only the court’s finding that he presented a danger to himself or others.  OPINION HOLDS: We find there is sufficient evidence in the record to show D.S. was likely to quit taking medication for his mental health and diabetes if released from a residential facility.  D.S. has a history of lack of compliance with treatment.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to a child, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) she should have been granted “an additional six months to work toward reunification”; (3) the district court should have granted an exception to termination based on her bond with the child; and (4) the district court abused its discretion in refusing to reopen the record.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to their children.  OPINION HOLDS: We find a statutory ground for termination satisfied for both parents, termination of the father’s parental rights is in the children’s best interests, and termination is not precluded by the children’s objection to termination or their bond with the parents.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON ALL APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            A mother, two of her three children, and the father of the youngest child appeal a termination of parental rights decision.  OPINION HOLDS: We affirm on all appeals.

            Appeal from the Iowa District Court for Crawford County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON ALL APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            A mother, a father, and their child, S.O., all separately appeal the juvenile court order terminating parental rights.  We asked for additional briefing on whether the child has standing to appeal the ground for termination through her attorney, a role bifurcated from her guardian ad litem.  OPINION HOLDS: After reviewing the parties’ supplemental briefs and our case law, we find the child, through her attorney, has standing to appeal the ground for termination.  But we find termination is proper given the history of sexual abuse perpetrated by the father, the parents’ overall denial of the problems, and the lack of progress in safety goals.  So we affirm termination on all appeals.   

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights to her two children.  She appears to concede clear and convincing evidence supports the statutory grounds for termination but argues the children could have been safely returned to care if given additional time to work toward reunification.  OPINION HOLDS: We conclude additional time is not warranted, and we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: We find clear and convincing evidence to support termination under Iowa Code section 232.116(1)(f) and (h) (2020).  Because denying permanency would be more harmful to the children than terminating their parents’ rights, we decline to apply the statutory permissive factors to forego termination or place them in a guardianship.  We affirm. 

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Ahlers, J.  (4 pages)

            The father appeals the termination of his parental rights to his children.  OPINION HOLDS: The father waived the reasonable-efforts issues he raises on appeal by failing to inform the juvenile court of the challenges any time before the termination hearing.  The father raises no other challenge to the termination of his parental rights, so we affirm without further consideration.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  REVERSED and REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            The State appeals the dismissal of a petition for termination of a father’s parental rights.  OPINION HOLDS: Finding the father was appropriately served with notice pursuant to the Iowa Rules of Civil Procedure and Iowa Code section 232.112 (2021), we reverse the district court dismissal and remand for entry of the district court’s ruling regarding the May 13, 2021 termination hearing.

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Doyle, S.J.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights to J.W. and D.C., born in 2010 and 2016, respectively.  The juvenile court terminated the mother’s parental rights to both children under Iowa Code section 232.116(1)(d), (e), (f), (g), (i), and (l) (2021).  The mother challenges some of the statutory grounds, asks for a six-month extension to work toward reunification, argues termination is not in the children’s best interest because of the bond they share with her, and argues for a guardianship in the maternal grandmother in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father and the guardian ad litem for a minor child appeal the juvenile court’s order terminating the father’s parental rights.  OPINION HOLDS: There is sufficient evidence in the record to support termination of the father’s parental rights.  The State engaged in reasonable efforts to reunite the father and child.  Termination of the father’s parental rights is in the child’s best interests.  The court properly determined none of the exceptions to termination should be applied.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, asserting grounds for termination have not been proved, termination of her parental rights is not in the child’s best interests due to the closeness of their bond, and she should be granted another extension to seek reunification.  OPINION HOLDS: We affirm.