2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lyon County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children, born in 2010, 2012, and 2014, pursuant to Iowa Code section 232.116(1)(f) (2020).  She challenges the sufficiency of the evidence supporting the ground for termination cited by the juvenile court, asserts termination is contrary to the children’s best interests, requests application of the statutory exception to termination contained in section 232.116(3)(c), and claims the juvenile court erred in declining to grant her 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 Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (22 pages)

            The mother appeals the termination of her parental rights to her child, Z.D., who was born in 2015.  She contends the Iowa Department of Human Services (DHS) failed to make reasonable efforts to reunify her with Z.D. so she should get additional time with requested services to work toward reunification.  She also maintains termination of her rights is not in Z.D.’s best interests and raises multiple evidentiary challenges.  OPINION HOLDS: Because DHS made reasonable efforts to reunify the mother with Z.D., termination of the mother’s parental rights is in Z.D.’s best interests, and none of the mother’s evidentiary challenges require reversal, we affirm the juvenile court’s termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            Parents separately appeal the termination of their parental rights to three children, a nine-year-old and twin seven-year olds.  They argue (1) the State failed to prove the statutory grounds for termination; (2) termination was not in the children’s best interests; (3) the juvenile court should have applied a statutory exception to forego termination; and (4) the father argues the Department of Human Services failed to make reasonable efforts to reunite him with the children.  OPINION HOLDS: We reject each of the claims, except that we find the father did not preserve error on the reasonable efforts claim. 

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (11 pages)

            The mother appeals from the juvenile court order dismissing a child-in-need-of-assistance (CINA) action.  OPINION HOLDS: Because the father continues to minimize and deny his sexual misconduct, and because the child has limited ability to recognize and communicate any sexual misconduct she may experience in order to self-protect, the purposes of the CINA adjudication have not been accomplished and the child remains in need of juvenile court supervision.  Therefore, we reverse the juvenile court order dismissing the CINA action and remand for further proceedings. 

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            The mother, Jessica, appeals the termination of her parental rights to four children.  She contends the State did not prove the statutory grounds for termination; the court should have given her additional time; and it was not in the children’s best interests to terminate her rights.  OPINION HOLDS: Historically, Jessica has followed a pattern of seeking treatment for her substance-abuse problem without follow up.  Although she recently completed a first step of treatment, we cannot sanction a delay in permanency when her treatment history gives little reassurance that the need for removal will be resolved in short order.  For that reason, we find an extension is not warranted and statutory grounds for termination exist.  Finally, we agree with the juvenile court that termination serves the children’s best interests.  So we affirm.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (16 pages)

            Multiple appeals follow the termination of parental rights to five children.  OPINION HOLDS: We affirm termination of the mother’s parental rights to I.S. and C.W.  We also affirm termination of C.W.’s father’s parental rights to C.W.  We reverse the mother’s termination of parental rights to H.W., S.W., and T.J.  And we remand to the juvenile court to enter an order transferring guardianship and custody of H.W., S.W., and T.J. to the grandmother pursuant to Iowa Code section 232.104(2)(d)(1) (2020).

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

                Parents separately appeal the termination of their parental rights to their child, born in April 2018, pursuant to Iowa Code section 232.116(1)(h) and (l) (2020).  Both parents challenge the sufficiency of the evidence supporting the statutory grounds for termination, argue termination is contrary to the child’s best interests, and request an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: The court properly denied the mother’s request for an extension of time to work on reunification, as she made very little, if any, progress and it is unlikely the need for removal would no longer exist after six months.  Also, termination of the mother’s parental rights is in the children’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge, and Linda M. Fangman, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the adjudication of her children, born in 2016 and 2019, as in need of assistance, pursuant to Iowa Code section 232.2(6)(c)(2) and (n) (2020), as well as their continued removal following disposition.  OPINION HOLDS: We affirm adjudication of the children under section 232.2(6)(c)(2) but reverse adjudication under section 232.2(6)(n).  We affirm the juvenile court’s order for continued removal at the time of disposition.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children, challenging the statutory grounds for termination, the best-interests determination, and denial of her request for a six-month extension.  OPINION HOLDS:  Due to the mother’s persistent substance-abuse condition, there are no grounds for reversal of termination, so we affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by the evidence, the State engaged in reasonable efforts to reunite the mother and child, termination is in the child’s best interests, and an exception to termination is not warranted in this case.  We affirm the district court.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Even without considering exhibits the mother now asserts are inadmissible on hearsay and lack-of-foundation grounds, we find a statutory ground for termination is satisfied and additional time for reunification is not appropriate.  We also find no abuse of discretion in the juvenile court’s decision denying the mother’s motion to reopen the record.