2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her two children.  The mother argues the juvenile court erred in finding the children could not be returned to her care at the time of termination, the Iowa Department of Human Services failed to make reasonable efforts toward reunification, and termination is not in the best interests of the children due to the strong bonds with her.  OPINION HOLDS: Error was not preserved by timely notice of appeal or ineffective-assistance arguments made only in passing.  The State proved the grounds for termination pursuant to Iowa Code section 232.116(1)(f) (2021).  There is clear and convincing evidence that reasonable efforts toward reunification were made and termination is in the children’s best interest.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, contending the State failed to prove the grounds for termination cited by the district court, termination was not in the child’s best interests, and the court should have granted an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to a five-year-old child.  They contend the State failed to prove the statutory grounds and termination was not in the child’s best interests.  OPINION HOLDS: Because of the parents’ persistent substance-abuse problems—as shown by the parents and child testing positive for methamphetamine and amphetamines one month after returning to their custody—they are not able to resume custody at the present time.  And the evidence in the record does not establish that termination would be detrimental to the child due to the parent-child bond.  Therefore, we affirm on both appeals. 

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father failed to comply with form 5 of Iowa Rule of Appellate Procedure 6.201(1)(d).  Accordingly, his claims are waived.  In the best interests of the child, however, a de novo review concludes clear and convincing evidence supports the termination.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the juvenile court order terminating his parental rights and denying his request to be named the guardian of two other children.  OPINION HOLDS: It is in the best interests of the father’s two biological children to terminate his parental rights.  Also, the court properly decided not to apply any of the exceptions to termination of parental rights.  In addition, it is not in the best interests of the other two children to be placed in the father’s care under a guardianship.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the grounds for termination have been established, an extension is not warranted, termination is in the best interests of the children, and the exceptions to termination do not apply.  We affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother and father separately appeal from the termination of their parental rights to their child.  OPINION HOLDS: We affirm the termination of the parents’ rights to the child.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the children’s best interests.  We do not give the mother additional time to work toward reunification.  And the mother’s due process rights were not violated.

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

A father appeals the termination of his parental rights.  OPINION HOLDS: Clear and convincing evidence supports termination of the father’s parental rights under section 232.116(1)(f) (2020).  An extension of time on the facts of this case for reunification efforts is not warranted.  Accordingly, we affirm the termination of the father's parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            The mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: The mother waived any challenge to termination of her rights based on lack of reasonable efforts being made for reunification.  The State met its burden of establishing statutory grounds for termination.  The closeness of the mother-child relationship does not warrant application of a permissive exception.  As a result, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            Michael Ripperger appeals the district court decision denying his application for postconviction relief (PCR) on the ground it was untimely.  OPINION HOLDS: Ripperger’s claims were based on a clarification of existing law and did not present a new ground of fact or law, and, therefore, were time-barred.  Because Ripperger’s claims are barred under the three-year statute of limitations, we do not have authority to consider the other issues he raises on appeal.  We affirm the district court’s decision denying Ripperger’s PCR application.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (2 pages)

            Matthew Daugharthy appeals after pleading guilty to driving while barred.  OPINION HOLDS: Because Daugharthy has not established good cause, we may not consider his appeal.