2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            Natasha Lash appeals a district court order awarding her ex-husband, Steven Jensen, physical care of their child.  Both parties request appellate attorney fees.  OPINION HOLDS:  Upon our de novo review, we find Jensen can provide superior care to their child.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            A father appeals the termination of his parental rights in a private termination action.  OPINION HOLDS: Because we find clear and convincing evidence supports the grounds for termination and termination is in the child’s best interests, we affirm.   

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.   Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

A juvenile offender appeals a district court restitution order, alleging the costs were not supported by substantial evidence, fell outside the scope of liability, or both.  OPINION HOLDS: We find the letterman jacket falls outside the scope of liability and vacate the award related to the same.  A correction is required in the calculation of restitution for mileage to reduce the claim to 734.5 miles at a rate of thirty-nine cents per mile and a further reduction in the mileage claim by $127 previously paid by Crime Victim Compensation.  We affirm the remainder of the restitution order.  We remand to the district court for entry of a restitution order consistent with this opinion.

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (12 pages)

            The mother appeals the termination of her parental rights to two children.  The mother purports to challenge the statutory grounds for termination, maintains the Iowa Department of Human Services was deficient in its efforts to return the children to her care, and argues she should have been given additional time to work toward reunification.  Alternatively, she argues the juvenile court should have placed the children in a guardianship with their fictive kin caretaker in lieu of terminating her parental rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights as to both children.

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (14 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The guardian ad litem established a ground for termination, and termination is in the child’s best interests.  Additional time for reunification would not improve prospects.  And the court did not abuse its discretion by limiting irrelevant evidence.  We affirm. 

            Appeal from the Iowa District Court for O'Brien County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (2 pages)

            The mother appeals the bridge order transferring jurisdiction from the juvenile court to district court.  OPINION HOLDS: We are unable to identify a properly presented issue on appeal.  We affirm without further opinion.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  Partial Dissent by Greer, J. (20 pages)

            A mother appeals one ground for adjudicating her child to be a child in need of assistance and that child’s removal from her care.  OPINION HOLDS: I. With only one injury alleged and conflicting evidence over whether the injury was nonaccidental, there is insufficient evidence to adjudicate K.G. a child in need of assistance under section 232.2(6)(b) (2021).  The mother does not dispute the adjudication under section 232.2(6)(c)(2).  II. Although both the mother and the father present a risk of harm, the evidence shows the child is at greater risk in the mother’s care.  On this basis, there is sufficient evidence for the child’s removal from the mother’s care. PARTIAL DISSENT ASSERTS: I agree with the majority that the adjudication of K.G. under section 232.2(6)(b) should be reversed.  But I part ways with the majority as to the continued removal of K.G. from the mother's care; I would also reverse the juvenile court's decision on the issue of removal.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the termination of her parental rights to nine children.  OPINION HOLDS: We find clear and convincing evidence to support the grounds for termination under Iowa Code section 232.116(1)(f) and (h) (2021) and termination is in the children’s best interests.  Because no permissive exceptions to termination apply and an extension of time is not warranted under the facts presented, we affirm the termination of the mother’s parental rights. 

            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 May, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: The State proved the statutory grounds for termination, and the record does not support an extension of six months.  We affirm. 

            Appeal from the Iowa District Court for Harrison County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved grounds for termination existed, a permissive exception to termination does not apply so as to save the parent-child relationship, and reasonable efforts towards reunification were provided to the father.  Accordingly, the termination of his parental rights is affirmed.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Finding the State proved a statutory ground for termination, termination is in the child’s best interest, and no permissive factor prevents termination, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Howard County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Ahlers, JJ.  Opinion by May, P.J.  (6 pages)

            A father appeals the termination of his parental rights.  He claims the statutory grounds authorizing termination are not met, the Iowa Department of Human Services (DHS) failed to make reasonable efforts, and the juvenile court should have applied a statutory exception to forgo termination and establish a guardianship.  OPINION HOLDS: The State established statutory grounds for termination, and DHS made reasonable efforts towards reunification.  We decline to apply an exception to termination and establish a guardianship.