August 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            The mother and father separately appeal the termination of their parental rights to four of their children, born between 2007 and 2012.  The father argues termination of his rights is not in the children’s best interests and the court should apply a statutory exception to termination.  He contends that rather than terminating his parental rights, the court should have transferred sole custody of the children to the mother.  The mother challenges the statutory ground for termination, argues the loss of her rights is not in the children’s best interests, and maintains the court should have applied a statutory exception to termination.  Alternatively, she asks for an extension of time to work toward reunification or maintains a guardianship in lieu of termination is the best permanency option.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s rights to these children. 

            Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (9 pages)

            A father appeals the termination of his parental rights to his children, born in 2018 and 2019, pursuant to Iowa Code section 232.116(1)(d), (e), (h), and (i) (2020).  He challenges the sufficiency of evidence as to each ground for termination, argues termination is contrary to the children’s best interests given the closeness of the parent-child bonds, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Wayne County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The mother appeals the order terminating her parental rights.  OPINION HOLDS: Based on our de novo review, we conclude the mother failed to challenge all statutory grounds for termination and terminating the mother’s parental rights is in the child’s best interests.  As a result, we affirm the juvenile court.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (5 pages)

            A mother challenges the statutory grounds authorizing termination.  OPINION HOLDS: The State established statutory grounds for termination because the child could not be safely returned to the mother’s care.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Because the evidence does not show that granting the mother additional time will eliminate the need for the children’s removal, we affirm the termination of her parental rights.

            Appeal from the Iowa District Court for Cherokee County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: We affirm on the statutory ground unchallenged by either parent on appeal.  Termination is in the child’s best interest.  And neither parent is entitled to additional time to work toward reunification.

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find clear and convincing evidence supports the statutory grounds for termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find the mother did not timely request additional services and an extension of time is not warranted under the facts of this case.  We affirm the decision terminating the mother’s parental rights.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (6 pages)

            The State appeals a juvenile court order denying its petition to terminate the mother’s parental rights, challenging the court’s finding that termination was not in the child’s best interests.  OPINION HOLDS: We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her one-year-old son.  OPINION HOLDS:  Because of the mother’s ongoing issues with sobriety and her avoidance of mental-health services, we find support for a statutory ground for termination and affirm. 

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: The evidence shows the child cannot be returned to the father’s care without exposing the child to any harm amounting to a new child-in-need-of-assistance adjudication and termination is in the child’s best interests.  Because nothing in the father’s past performance suggests that the child can be returned to him in six months to warrant delaying permanency, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by May, J.  Dissent by Mullins, J.  (9 pages)

            The State appeals the juvenile court’s dismissal of a child-in-need-of-assistance petition.  OPINION HOLDS: We conclude the State failed to meet its burden to prove the allegations by clear and convincing evidence.  DISSENT ASSERTS: On my de novo review of the record, I would find the child’s testimony credible and that it is not in the child’s best interest to be returned to the home of the alleged abuser.  I would find the State proved the grounds for adjudication pursuant to Iowa Code section 232.2(6)(c)(2) and (d) (2021) by clear and convincing evidence.  Accordingly, I respectfully dissent and would reverse and remand this case for further proceedings.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitherswaran, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The district court appropriately terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(f) (2020).