2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            A mother appeals the termination of her parental rights to her child.  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the child’s best interests, highlights the strength of the parent-child bond, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED AND REMANDED WITH INSTRUCTION.  Considered by Greer, P.J., Ahlers, J., and Scott, S.J.  Opinion by Greer, P.J.  (20 pages)

            Jesse Cickavage challenges a district court’s decision to grant the mother of his children, Sara, a permanent injunction, grant her petition to modify his visitation, and deny his request to modify physical care.  Jesse also raises a number of concerns about the consolidated trial where these issues were heard.  OPINION HOLDS: Because the injunction does not violate Jesse’s right to free speech, provides Sara relief, and is her only option for remedy, we affirm the district court’s grant of a permanent injunction.  Because Jesse did not prove there was a permanent change in circumstances, we affirm the district court’s denial of his request for modification of physical care.  Because Sara did meet her burden to show her out-of-state move was not previously contemplated by the court, we affirm the change of visitation.  Finally, we find no problem with the trial requiring us to undermine the district court’s decision.

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Bower, C.J.  (6 pages)

            A landowner appeals a summary judgment ruling dismissing their negligence petition against Wright County and several employees for damages to a land bridge.  OPINION HOLDS: Because we find the County is immune from liability under the discretionary-function exemption of Iowa Code section 670.4 (2021), we affirm the district court.

            Appeal from the Iowa District Court for Chickasaw County, David F. Staudt, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the order terminating his parental rights to his child under Iowa Code section 600A.8 (2020).  OPINION HOLDS: The district court properly considered events that occurred after the filing of the termination petition.  Because clear and convincing evidence shows the father abandoned the child under section 600A.8(3)(b) and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (8 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds, claims termination is not in the children’s best interests, contends the juvenile court should have applied a permissive exception to termination to instead establish a guardianship, and argues the juvenile court should have bifurcated the guardian ad litem (GAL) and attorney role for the older child’s representation.  OPINION HOLDS: The State established statutory grounds for termination.  Termination is in the children’s best interests.  We decline to apply a permissive exception to forgo termination.  The mother failed to preserve her request for a guardianship as an alternative to termination.  And the juvenile court did not abuse its discretion by denying the motion to bifurcate the GAL and attorney role.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            The mother appeals the termination of her parental rights to M.A., born in 2012; M.G., born in 2017; and M.C., born in 2019.  OPINION HOLDS: Because no extension is warranted, grounds for termination exist, termination is in the children’s best interests, and no permissive exception suggests termination is not appropriate, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review of the record, we find that termination of the mother’s parental rights is in the best interest of the child and that no permissive exception to termination exists.

            Appeal from the Iowa District Court for Page County, Jennifer Benson Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to a child.  The father (1) challenges the grounds for termination cited by the district court; (2) argues the department of human services failed to make reasonable reunification efforts; (3) asserts termination was not in the child’s best interests; (4) argues he has a “strong bond” with the child; and (5) seeks additional time to reunify with the child.  OPINION HOLDS: We affirm the district court’s termination of the father’s parental rights to the child.

            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 Bower, C.J.  (5 pages)

            A mother challenges the termination of her parental rights, asserting the ground for termination has not been established, an extension of time would remedy her issues, and termination is not in the child’s best interests.  OPINION HOLDS: The child cannot be returned to the mother’s care, an extension is unwarranted, and termination is in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to a child, contending the State failed to prove the child could not be returned to his custody pursuant to Iowa Code section 232.116(1)(h) (2020).  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Kossuth County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (5 pages)

            A mother appeals from the termination of her parental rights to three children—V.C., B.C., and I.V.  She argues the State failed to prove the necessary grounds for termination and that the strength of the bond between the mother and children is strong enough that termination is not in their best interests.  OPINION HOLDS: The mother does not argue the children could be returned to her care at the time of the termination hearing, so we consider the statutory ground for termination satisfied.  Termination is in the children’s best interests, and the bond is not strong enough to outweigh the need for termination.  So, we affirm the termination. 

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the termination of her parental rights to her minor child.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the mother’s parental rights, termination is in the child’s best interests, and an extension of time would not be appropriate.  We affirm the decision of the district court.