Filed Jun 29, 2022
View Opinion No. 21-1836
View Summary for Case No. 21-1836
Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Potterfield, S.J. Opinion by Tabor, J. (12 pages)
Manuel, the father of eleven-year-old J.G., appeals the private termination of his parental rights under Iowa Code chapter 600A (2021). He contends J.G.’s mother, Eliana, denied him visitation with the child. OPINION HOLDS: We find Manuel abandoned the child under Iowa Code chapter 600A and affirm termination of his parental rights.
Filed Jun 29, 2022
View Opinion No. 21-1923
View Summary for Case No. 21-1923
Appeal from the Iowa District Court for Adams County, Dustria A. Relph, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (5 pages)
Justin Parker appeals the sentence imposed upon his criminal conviction, arguing the court considered improper sentencing factors. OPINION HOLDS: We conclude Parker has not established the sentence imposed was based on improper factors or otherwise amounts to an abuse of discretion. We therefore affirm the sentence imposed.
Filed Jun 29, 2022
View Opinion No. 22-0002
View Summary for Case No. 22-0002
Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by May, P.J. (5 pages)
A father appeals the termination of his parental rights. He challenges the statutory grounds authorizing termination and claims termination is not in the child’s best interest. OPINION HOLDS: The child could not be safely returned to the father’s care, and termination is in the child’s best interest.
Filed Jun 29, 2022
View Opinion No. 22-0413
View Summary for Case No. 22-0413
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (5 pages)
A father appeals the termination of his parental rights to his child under Iowa Code chapter 600A (2021). OPINION HOLDS: Clear and convincing evidence shows the father, who has neither had contact with the child or the mother nor provided for the child’s support in six years, has abandoned the child. Because termination is in the child’s best interests, we affirm.
Filed Jun 29, 2022
View Opinion No. 22-0514
View Summary for Case No. 22-0514
No. 22-0514 IN RE J.M.
Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor 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)(e) and (l) (2021). She attacks each of the three steps in the termination framework, argues the court should have exercised the less-restrictive alternative involving placing the children in the father’s custody, and asserts she should have been granted more time to work toward reunification. OPINION HOLDS: We affirm the termination of the mother’s parental rights.
Filed Jun 29, 2022
View Opinion No. 22-0579
View Summary for Case No. 22-0579
No. 22-0579 IN RE C.R.
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (5 pages)
A mother appeals the termination of her parental rights to her child. OPINION HOLDS: We affirm the termination of the mother’s parental rights.
Filed Jun 29, 2022
View Opinion No. 22-0589
View Summary for Case No. 22-0589
Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Vaitheswaran, P.J. (4 pages)
A mother appeals the termination of her parental rights to her child, contending the court “should have chosen to place the child in a relative guardianship” in lieu of terminating her parental rights. OPINION HOLDS: On our de novo review, we affirm the termination of the mother’s parental rights to the child.
Filed Jun 29, 2022
View Opinion No. 22-0635
View Summary for Case No. 22-0635
Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Vaitheswaran, P.J. (5 pages)
A mother and a father separately appeal the termination of their parental rights to two children, contending (1) termination was not in the children’s best interests; (2) guardianship with the paternal grandparents was the better option; and (3) the district court should not have terminated their parental rights in light of the bond they shared with the children as well as the children’s placement with a relative. The mother additionally asserts she should have been afforded an additional six months to facilitate reunification. OPINION HOLDS: We affirm the termination of the parents’ rights to the two children.
Filed Jun 29, 2022
View Opinion No. 22-0647
View Summary for Case No. 22-0647
Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (10 pages)
A mother and father both appeal the termination of their parental rights to this child. OPINION HOLDS: The mother failed to preserve error on her claim that the State failed to prove statutory grounds for termination. Nevertheless, de novo review of the record shows statutory grounds for terminating the mother’s rights. Also, the State provided reasonable efforts prior to termination. The State proved a statutory ground for termination of the father’s rights, and the father did not preserve error on his claim that a permissive exception should preclude termination. We similarly find that the State provided the father with reasonable efforts prior to termination.
Filed Jun 29, 2022
View Opinion No. 22-0683
View Summary for Case No. 22-0683
Appeal from the Iowa District Court for Osceola County, Shawna L. Ditsworth, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (7 pages)
A father appeals the adjudication of his child as in need of assistance, arguing the juvenile court abused its discretion in allowing a social worker’s testimony about the child’s statements describing the father’s sexual abuse and admitting into evidence a written summary and video recording of a forensic interview. OPINION HOLDS: We find the State laid sufficient foundation for the challenged exhibits. We further find the challenged testimony was cumulative of other evidence presented and therefore not prejudicial. We affirm adjudication.
Filed Jun 29, 2022
View Opinion No. 22-0690
View Summary for Case No. 22-0690
No. 22-0690 IN RE R.H.
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (10 pages)
A father appeals the termination of his parental rights, claiming there was insufficient evidence to support termination and that termination is not in the child’s best interest. OPINION HOLDS: We find clear and convincing evidence supports the termination of the father’s parental rights. We also find termination is in the child’s best interest. We affirm.
Filed Jun 29, 2022
View Opinion No. 22-0727
View Summary for Case No. 22-0727
Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Tabor, J. (7 pages)
A mother appeals the termination of her parental rights to her nine-month-old daughter. She contends the court terminated her rights only because of her mental-health conditions and that termination was not in the child’s best interests. OPINION HOLDS: We find her contentions lack merit and affirm.