July 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals the termination of his parental rights.  He argues there is a lack of clear and convincing evidence to support termination.  He also contends a permissive exception should preclude termination of his rights.  OPINION HOLDS: We find clear and convincing evidence supports termination.  We further conclude the juvenile court properly declined to apply a statutory exception.  We affirm.

Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the decision to terminate the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, and none of the exceptions to termination should be applied.  We affirm the decision of the juvenile court.

            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 Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights as to these two children.  OPINION HOLDS: The State proved a statutory ground for termination, and the mother’s reasonable efforts argument is not preserved for our review.

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (13 pages)

            A mother appeals the termination of her parental rights, asserting the child could have been returned to her and, even if a ground for termination is proved, the parent-child bond should preclude termination of her parental rights.  OPINION HOLDS: Finding clear and convincing evidence the child could not safely be returned to the mother’s custody at the time of the termination hearing, termination of parental rights and an opportunity for permanence is in the child’s best interests, and no permissive exception exists to countermand termination, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, 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 father separately appeal the termination of their parental rights to a child born in 2017.  Both parents (1) challenge the ground for termination cited by the juvenile court; (2) argue termination was not in the child’s best interests; (3) contend the juvenile court should not have terminated their parental rights, given the bond they shared with the child; and (4) assert they should have been afforded additional time to reunify.  OPINION HOLDS: We affirm the termination of parental rights to the child.

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly.  Opinion by Greer, J.  (5 pages)

            A mother appeals from the termination of her parental rights, arguing she should have been given six additional months to work towards reunification and the State did not prove termination was in the children’s best interests.  OPINION HOLDS: As the mother could not have been reunited with the children after six months, an extension was not appropriate.  Termination is in the best interests of the children. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, and termination of the father’s parental rights is in the child’s best interest. 

            Appeal from the Iowa District Court for Appanoose 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 mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because termination is in the child’s best interests and none of the circumstances set forth in Iowa Code section 232.116(3) warrants preserving the mother’s parental rights, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to her children.  She challenges each of the three steps in the termination framework and maintains she should have been granted more time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            LS Power Midcontinent, LLC, and Southwest Transmission, LLC, (collectively LSP) together appeal the dismissal of their case for lack of standing and request injunctive relief at this appellate stage.  OPINION HOLDS: As LSP lacks standing—either by way of traditional standing or the public importance exception—to bring this case, we affirm the district court’s dismissal and deny LSP’s request for a temporary injunction.