March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to establish a statutory ground authorizing termination, termination is not in the child’s best interest, we should apply a permissive exception to forgo termination, and she should be given additional time to work toward reunification.  OPINION HOLDS: The State established a ground for termination, and termination is in the child’s best interest.  We decline to apply a permissive exception to forgo termination and decline to grant the mother additional time to work toward reunification.

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

            A mother appeals from the termination of her parental rights.  She argues the State did not prove the statutory grounds for termination, the State did not make reasonable efforts to reunify her with the child, the juvenile court should have granted her a six-month extension, and termination is not in the best interests of the child.  OPINION HOLDS: The State provided clear and convincing evidence the mother and child could not be reunified at the time of the termination hearing.  The mother never requested additional services.  The mother did not prove that reunification would be possible after six additional months.  Termination is in the child’s best interests. 

            Appeal from the Iowa District Court for Harrison County, Jennifer Benson Bahr, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.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 Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence supports termination of the mother’s parental rights under Iowa Code section 232.116(1)(h) (2021), and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Because grounds for termination exist, further extension of time is unwarranted, the child needs and deserves to live in a drug and violence-free home, and the father-child bond does not weigh against termination, we affirm.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED ON BOTH APPEALS.   Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (14 pages)

            A mother appeals the termination of her parental rights to two children.  She claims termination is not in their best interest and that the court should have declined to terminate her rights based on permissive exceptions.  E.W., a minor child, contends termination is not in her best interest, a permissive exception should be applied, and the district court improperly excluded her from a portion of the termination hearing.  The guardian ad litem for E.W. also appeals, contending termination is not the least restrictive option available.  OPINION HOLDS: We find termination was in the children’s best interest and the permissive exceptions are insufficient to preclude termination in this case.  Finally, E.W.’s claim is not properly before our review.  We affirm.

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: We affirm because clear and convincing evidence supports termination, and we decline to apply a permissive exception to termination. 

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to preserve error on her claims, and even if error was preserved, she waived the issues she attempts to raise.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

                       The mother appeals the termination of her parental rights.  She purports to challenge the statutory ground for termination and argues the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.