2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The statutory grounds authorizing termination were satisfied because the children cannot safely return to the parents’ care.  Termination is in the children’s best interests.  And neither parent is entitled to additional time to work toward reunification.

            Appeal from the Iowa District Court for Montgomery County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J. and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  She (1) challenges one of the grounds for termination cited by the district court; (2) argues termination was not in the child’s best interest; (3) contends the district court should have granted an exception to termination based on the parent-child bond; and (4) asserts the district court should have afforded her additional time to reunify with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Iowa County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to her two children—Ha., born in 2018; and Hu., born in 2019—pursuant to Iowa Code section 232.116(1)(h) (2020).  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the children’s best interests, asserts the court should have applied the exception to termination contained in Iowa Code section 232.116(3)(c), and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Montgomery County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to a seven-year-old daughter.  OPINION HOLDS: The mother does not challenge all the statutory grounds for termination, so the court’s findings on the unchallenged ground stands.  We find it was in the child’s best interests to terminate the mother’s parental rights.  A permissive factor does not apply to prevent termination.  And finally, the facts do not warrant granting the mother a six-month extension of time.  We affirm. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, termination is in the child’s best interests, and a guardianship is not an appropriate alternative to termination.

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights to two of her children, born in 2018 and 2016.  The juvenile court terminated the mother’s parental rights as to both children under Iowa Code section 232.116(1)(d), (e), (g), and (l) (2020).  Her rights to the younger child were also terminated under section 232.116(1)(h).  Here, the mother challenges whether the statutory grounds for termination were proved and claims the loss of her rights is not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights under paragraph (e) of section 232.116(1). 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (2 pages)

            A father appeals the termination of his parental rights to four children.  OPINION HOLDS: Because the father failed to raise his dissatisfaction with the reunification services offered by the Iowa Department of Human Services to the the juvenile court before termination, he has waived the issue.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            The mother appeals the termination of her parental rights to seven children, ranging in ages from sixteen years to five years at the time of the termination hearing.  The mother argues the State failed to prove grounds for termination under Iowa Code section 232.116(1)(f) (2020) because the children could have been returned to her care or, alternatively, claims the juvenile court should have granted a six-month extension to allow her more time to work toward reunification.  She also asserts the juvenile court should have applied exceptions to termination under section 232.116(3)(b) and (c).  OPINION HOLDS: We affirm the termination of the mother’s parental rights to these seven children.

            Appeal from the Iowa District Court for Humboldt County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: There is clear and convincing evidence in the record to support termination of the mother’s parental rights.  Termination of her parental rights is in the children’s best interests, and none of the exceptions to termination should be applied.  The district court properly denied the mother’s request for a six-month extension of time.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the statutory grounds for termination are satisfied, an additional six months to work toward reunification is not appropriate, and termination is in the children’s best interests.

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

            A father seeks a delayed appeal from a juvenile court order terminating his parental rights.  OPINION HOLDS: Because the late filing was based on attorney inadvertence and not accompanied by an extenuating circumstance, we deny the father’s request for a delayed appeal and dismiss the appeal.