April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Daniel Goldsberry appeals from a district court ruling granting Michelle Bond physical care of their two shared children.  OPINION HOLDS: Finding the district court’s ruling is in the best interests of the children and not based on any improper considerations, we affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, challenging the grounds for termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Robert D. Tiefenthaler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            C.B. appeals an order of noncompliance finding him to be seriously mentally impaired.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother and father of four children appeal the district court’s adjudication of their children as in need of assistance under Iowa Code section 232.96A(3)(b) and 232.96A(14) (2022).  OPINION HOLDS: We affirm the district court’s adjudication of the children as in need of assistance. 

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  Both challenge the statutory grounds for termination and whether termination is in their child’s best interests.  OPINION HOLDS: We grant the father a delayed appeal.  The State established statutory grounds for termination as to both parents because the child could not be returned to the custody of either parent, and termination is in the child’s best interests.

              Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Chicchelly, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

              A mother and father separately appeal the termination of their parental rights.  The mother argues the State did not prove the statutory ground for termination, termination is not in the children’s best interests, and the court should provide her with additional time for reunification.  The father argues the court should grant him additional time for reunification or establish a guardianship in lieu of termination.  OPINION HOLDS: Due to the parents’ limited progress and the children’s behavioral and mental-health concerns, we reject the parents’ arguments and affirm the juvenile court.

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  He claims the State did not establish a ground for termination, that termination is not in the child’s best interests, and that the court should have applied an exception due to his bond with the child.  He also asks for a six-month extension for reunification, and contends the Iowa Department of Health and Human Services failed to make reasonable efforts.  OPINION HOLDS:  We conclude the State established a ground for termination, which is in the child’s best interests.  We decline to apply an exception or grant a six-month extension.  And we find the father did not preserve his claim pertaining to reasonable efforts and, even if he had, such claim lacks merit.  We affirm

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights, arguing termination is not in the child’s best interests and she should have been granted additional time.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Clarke County, Monty W. Franklin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights to their children.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to the father due to his unresolved substance-abuse issues, establishing the grounds for termination under Iowa Code section 232.116(f) (2022).  Termination is in the children’s best interests, and none of the circumstances listed in section 232.116(3) weighs against terminating either the mother’s or father’s parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A father appeals the termination of his parental rights to his child, challenging the grounds for termination and contending termination is not in the child’s best interests.   OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

                The juvenile court terminated the father’s parental rights to five-year-old K.W. under Iowa Code section 232.116(1)(b) (abandonment or desertion) and (e) (failure to maintain significant and meaningful contact) (2022).  The father appeals, arguing the loss of his rights is not in K.W.’s best interests.  OPINION HOLDS: K.W. does not know or have a relationship with the father, and we will not ask him to wait longer for permanency.  Termination of the father’s rights is in K.W.’s best interests, so we affirm.

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the father’s challenge—consisting of only conclusory statements without citations to the record or any meaningful substantive argument—insufficient to facilitate our review and therefore waived.  As a result, we affirm.