December 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to a child, contending the department of health and human services failed to make reasonable reunification efforts and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Parents separately appeal the termination of their parental rights, challenging the sufficiency of the evidence supporting the grounds for termination and arguing they should be given additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of both parents’ rights and deny their requests for additional time. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two of her children, contending (1) the State failed to prove the ground for termination cited by the district court; (2) termination was not in the children’s best interests; (3) the court should have declined to terminate her parental rights based on the parent-child bond; and (4) she should have been afforded additional time to reunify.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to these two children. 

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (12 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved at least one statutory ground for termination, termination is in the best interests of the children, and no exception precludes termination.  We also find that the juvenile court judge did not abuse her discretion in denying the father’s motion for recusal and that delaying termination and our decision on appeal until resolution of the father’s criminal appeal is not appropriate.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

            A father appeals the termination of his parental rights to his son.  OPINION HOLDS: The State established a ground for termination, and termination is in the child’s best interest.  Because the father’s due process rights were not violated and additional time for reunification would not improve prospects, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother and father each appeal the termination of parental rights.  OPINION HOLDS: We affirm the termination of both the mother’s and the father’s parental rights.  The pervasive methamphetamine abuse by both parents, as well as the other record evidence, supports the juvenile court’s termination order.

            Appeal from the Iowa District Court for Pocahontas County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence supports termination of the father’s parental rights under Iowa Code section 232.116(1)(h) (2021).  Because the father was afforded due process by attending the hearing telephonically, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (6 pages)

            J.W., mother to P.W., C.W., M.W., L.W., and H.W., appeals the permanency order placing the children in a guardianship.  OPINION HOLDS: Because there was convincing evidence the children could not be returned to the home, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (4 pages)

            A mother appeals the termination of her parental rights.  She argues the court should have applied an exception to preclude termination and instead establish a guardianship.  OPINION HOLDS: The mother failed to preserve error on her claims.  Moreover, the first exception she cites is not applicable.  And the record does not support her contention that she has parent-child bonds with the children strong enough to preclude termination.  Because termination is proper, we cannot establish a guardianship.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence supports termination under Iowa Code section 232.116(1)(h) (2022).  The father is not entitled to another extension of time, and termination is in the child’s best interests.  Because there is no evidence termination would be detrimental to the child based on the closeness of the parent-child bond, we affirm.