March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Winnebago County, Karen Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the termination of her parental rights, claiming the juvenile court should have applied a permissive exception to preclude termination of her parental rights.  OPINION HOLDS: We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to a child, contending termination “was not in the child’s best interests.”  OPINION HOLDS: On our de novo review, we agree with the district court that the child’s safety would have been compromised had the child been returned to her mother’s custody.  In other words, termination was in the child’s best interests. 

            Appeal from the Iowa District Court for Greene County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the State provided clear and convincing evidence to find that the mother and child could not be reunified at the time of the termination hearing, we affirm the juvenile court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            A father appeals the termination of his parental rights.  He argues he should have been granted a six-month extension, the court should have created a guardianship, and that the court should have invoked a statutory exception to termination because the child was in the custody of a family member.  OPINION HOLDS: The father did not prove reunification would be possible after an additional six months.  A guardianship is not in the child’s best interests.  The father did not preserve error on the statutory exception.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to three children.  She challenges the grounds for termination, argues termination is contrary to the children’s best interests due to the closeness of the parent-child bonds, additional time would rectify the situation, and a guardianship should have been established in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s rights.

            Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            The mother and father separately appeal the termination of their parental rights.  They allege a denial of due process because they were not given notice of the termination hearing.  And they allege a denial of due process because the juvenile court terminated their rights without holding a dispositional hearing.  Finally, they contend the court erred in terminating their parental rights.  OPINION HOLDS: Because the parents were not given notice of the termination hearing and were denied due process, we vacate the termination order and remand for further proceedings. 

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the termination of her parental rights.  OPINION HOLDS: Termination is in the children’s best interests, and the mother did not establish a permissive exception precludes termination.  We affirm.

            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 Tabor, P.J.  (9 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: The children cannot be safely returned to their mother’s care.  And termination best serves their long-term needs.  We affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, 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: Neither parent challenges the statutory grounds authorizing termination under Iowa Code section 232.116(1)(d) (2021), so they waived error and the court affirms on that ground.  Termination is in the children’s best interests and neither parent’s bond with their respective children is so strong to preclude termination.  The juvenile court never ruled on the mother’s request to establish a guardianship as an alternative to termination, so it is not preserved for our consideration.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (3 pages)

A father appeals the termination of his parental rights, arguing a guardianship should have been established in lieu of termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker-Parry, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to three children, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) termination of her parental rights was not in the children’s best interests; and (3) she should have been granted “additional time to reunify” with the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the three children.