June 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile 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.  OPINION HOLDS: The child could not be safely returned to the father’s care.  Termination is in the child’s best interest.  We decline to apply a permissive exception to termination or to grant the father additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            The mother and father of E.M., born in 2016, separately appeal the termination of their parental rights.  The mother argues she was denied due process, the State failed to make reasonable efforts to reunify her with E.M., and termination is not in the child’s best interests.  The father argues the juvenile court should have applied a permissive exception to save his parent-child relationship with E.M., claiming his bond with the child is so strong that termination of his rights will be to the child’s detriment.  OPINION HOLDS: The mother does not contest termination under Iowa Code section 232.116(1)(b) (2021), and her reasonable-efforts challenge does not implicate this statutory ground.  She did not preserve a due process challenge, and termination of her rights is in E.M.’s best interests.  The father did not meet his burden to establish a permissive exception is warranted here.  Therefore, we affirm the termination of each parent’s rights.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: We determine sufficient evidence exists to support the statutory ground for termination relied on by the juvenile court, termination is in the best interest of the children, and a permissive exception should not be applied to preclude termination.  We further conclude that the Iowa Department of Human Services made reasonable efforts to reunite the family.  Finally, an extension of time for reunification efforts is not warranted.  Accordingly, we affirm the juvenile court. 

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Error was not preserved on the mother’s argument that the State failed to prove the statutory grounds for termination.  The juvenile court properly denied the mother’s request for additional time to work towards reunification.

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate 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.  OPINION HOLDS: Because we agree that termination is in the child’s best interests and there is no reason to delay permanency, we affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights   OPINION HOLDS: Because a ground for termination of parental rights exists and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for O'Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  They both challenge the statutory grounds and ask us to apply a permissive exception to preclude termination, the mother challenges whether termination is in the best interests of the children, and the father asks we provide an additional six months to work toward reunification.  OPINION HOLDS: The grounds for termination were satisfied, termination is in the best interests of the children, we decline to apply any permissive exception to termination, and we do not grant the father additional time to work toward reunification. 

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to three children.  The mother argues she should have been granted an additional six months toward reunification and that the strength of the bond between her and the children outweighed the need for termination.  The father also argues he should have been granted a six-month extension before termination and that termination was not in the children’s best interests.  OPINION HOLDS: Termination is in the children’s best interests.  The barriers to termination would not be overcome after an additional six months.  And the strength of the bond between the mother and the children does not overcome the need for termination,

            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 Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to one child.  OPINION HOLDS: Having reviewed the father’s reasonable efforts, best interests, and exception arguments, we find each without merit and affirm termination of his parental rights.