Filed Mar 30, 2022
View Opinion No. 21-1420
View Summary for Case No. 21-1420
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Considered by Tabor, P.J., Greer, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (18 pages)
The mother of J.B. appeals the district court’s denial of her petition to terminate the father’s parental rights under Iowa Code chapter 600A (2021). She contends the petition should have been granted because the father abandoned J.B. within the meaning of section 600A.8(3)(b) and termination of his rights is in J.B.’s best interests. She also maintains she should not be required to pay for the father’s appellate attorney fees. OPINION HOLDS: Because the mother proved the father abandoned J.B. and that termination of the father’s parental rights is in J.B.’s interest, we reverse the district court’s denial of the mother’s petition and remand for entry of an order consistent with this opinion. We conclude there are no reasonable appellate attorney fees for the mother to pay.
Filed Mar 30, 2022
View Opinion No. 21-1435
View Summary for Case No. 21-1435
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by Badding, J. (12 pages)
A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(f) (2021). She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the children’s best interests, contends the court should have applied exceptions to termination, and asserts the court erred in declining to establish a guardianship in lieu of termination. OPINION HOLDS: We affirm the termination of the mother’s parental rights.
Filed Mar 30, 2022
View Opinion No. 21-1446
View Summary for Case No. 21-1446
Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge. AFFIRMED. Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J. Opinion by Doyle, S.J. (4 pages)
An employer and its insurer appeal from a district court ruling upholding the workers’ compensation commissioner’s decision. OPINION HOLDS: Giving the due deference we are statutorily obligated to afford the commissioner’s findings of fact, we reach the same conclusions as the district court. We therefore affirm.
Filed Mar 30, 2022
View Opinion No. 21-1469
View Summary for Case No. 21-1469
Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge. AFFIRMED. Considered by Bower, C.J. and Vaitheswaran and Chicchelly, JJ. Opinion by Vaitheswaran, J. (6 pages)
John Miller appeals the district court’s finding that he refused chemical testing requested in accordance with Iowa Code section 321J.6 (2021), as well as the district court’s statement “[o]ther than a[n] unequivocal consent is a refusal.” OPINION HOLDS: The district court did not err in finding Miller refused chemical testing or stating that anything other than unequivocal consent is a refusal.
Filed Mar 30, 2022
View Opinion No. 21-1513
View Summary for Case No. 21-1513
Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by May, P.J. (6 pages)
A mother and father separately appeal following the termination of the mother’s parental rights. OPINION HOLDS: We affirm the juvenile court. The father does not have standing to challenge the termination of the mother’s rights. And the State proved a statutory ground for termination and that termination is in the best interests of the children.
Filed Mar 30, 2022
View Opinion No. 21-1529
View Summary for Case No. 21-1529
Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge. AFFIRMED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by May, P.J. (7 pages)
A mother appeals the termination of her parental rights to two of her children. OPINION HOLDS: The State established a statutory ground authorizing termination. Termination is in the children’s best interests. We apply no permissive exception to preclude termination. And the mother did not preserve her guardianship request for appeal.
Filed Mar 30, 2022
View Opinion No. 21-1681
View Summary for Case No. 21-1681
Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (4 pages)
The juvenile court terminated the mother’s parental rights to D.M., born in 2019, under Iowa Code section 232.116(1)(b), (e), and (h) (2021). On appeal, the mother focuses her argument on a request for more time, urging the delay would cause no harm to D.M., who is in the care of the child’s father. With more time, the mother argues her involvement in D.M.’s life could be regulated by a bridge order rather than through termination proceedings. OPINION HOLDS: Another extension of time is not appropriate, and applying an exception to save the parent-child relationship is not in D.M.’s best interests. We affirm.
Filed Mar 30, 2022
View Opinion No. 21-1728
View Summary for Case No. 21-1728
Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, District Associate Judge. REVERSED AND REMANDED WITH DIRECTIONS. Considered by Vaitheswaran, P.J., Chicchelly, J., and Blane, S.J. Opinion by Blane, S.J. (8 pages)
The State appeals the dismissal of CINA petitions on two children. OPINION HOLDS: Because on de novo review we find the State proved the adjudication ground under Iowa Code section 232.2(6)(c)(2) (2021) by clear and convincing evidence, we reverse and remand with directions to enter adjudication orders.
Filed Mar 30, 2022
View Opinion No. 21-1736
View Summary for Case No. 21-1736
Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (8 pages)
The father appeals the district court order adjudicating E.W. as a child in need of assistance. He contests the sufficiency of the State’s evidence and the admission of hearsay at the adjudication hearing. OPINION HOLDS: Finding clear and convincing proof to support the child-in-need-of-assistance adjudication and no reversible error in the admission of evidence, we affirm.
Filed Mar 30, 2022
View Opinion No. 21-1755
View Summary for Case No. 21-1755
Appeal from the Iowa District Court for Polk County, Lynn C.H. Poschner, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., Greer, 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 establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(f) (2021). Because termination is in the children’s best interests and none of the situations listed in section 232.116(3) weigh against termination, we affirm.
Filed Mar 30, 2022
View Opinion No. 21-1817
View Summary for Case No. 21-1817
Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. (6 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: The State proved a statutory ground for termination and that termination of the mother’s parental rights is in the child’s best interests. Allowing six additional months for reunification would not remedy the issues that gave rise to the child’s removal.
Filed Mar 30, 2022
View Opinion No. 21-1849
View Summary for Case No. 21-1849
Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Chicchelly, J. (5 pages)
A mother appeals the termination of her parental rights to her child. OPINION HOLDS: Because clear and convincing evidence shows the child cannot be returned to the mother’s care, the State has established the grounds for termination under Iowa Code section 232.116(1)(h) (2021). Termination is in the child’s best interests, and the child’s placement with a relative does not alter our determination.