January 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A mother and father separately appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: The mother was provided with reasonable efforts for reunification, there is clear and convincing evidence in the record to support termination of the father’s parental rights, and termination is in the best interests of the child. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (9 pages)

            The juvenile court terminated the parental rights of the father, B.S., and the mother, T.B.F., to their child, born in August 2020.  The parents separately appeal.  The father contests the finding that the child could not be returned to his care at the time of the termination hearing.  He also contends it is not in the child’s best interests to terminate his rights and, as an alternative, requests a six-month extension to demonstrate his ability to meet the child’s needs.  Similar to the father’s approach, the mother concedes all required grounds for termination but for the last—disputing the child could not be returned to her at the time of the termination hearing.  Like the father, she asserts it is not in the child’s best interests to terminate her parental rights and the juvenile court erred by not granting her a six-month extension to establish a safe home for the child.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s parental rights.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  She asserts the district court abused its discretion when it denied her motion for a continuance of the termination hearing.  She also argues that there was insufficient evidence supporting a statutory ground for termination, that termination was not in the child’s best interest, and that the court should have found a permissive exception to termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review, we agree with the juvenile court that grounds for termination exist, no extension of time is warranted, and termination of the mother’s parental rights is in the children’s best interests, which is not countermanded by any permissive exception. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

            The juvenile court terminated the mother’s parental rights to her child, M.D., born in August 2020, under Iowa Code section 232.116(1)(g) and (h) (2021).  On appeal, the mother purports to challenge the statutory grounds, argues termination of her rights is not in the child’s best interests, and claims the closeness of her bond with the child weighs against termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.