April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother and a father separately appeal the order terminating their parental rights.  OPINIONS HOLD: There is no evidence showing termination would harm the children based on the closeness of a parent-child bond.  Because termination is in the children’s best interests, we affirm on both appeals.

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the termination of the father’s parental rights is supported by clear and convincing evidence, termination is in the children’s best interests, no exceptions to termination should be applied, and Iowa Health and Human Services provided reasonable efforts to reunify the family.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (14 pages)

            A mother and father separately appeal the termination of their parental rights to one child, K.M.  Both parents maintain the statutory ground is unsatisfied, reasonable efforts were not provided, termination is not in the child’s best interests, guardianship would have been more appropriate, and their parent-child bonds merit an exception to termination.  The mother also argues she should have been granted an extension of time.  OPINION HOLDS: Upon our de novo review, we affirm termination of their parental rights to K.M. 

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother and father each appeal the termination of their parental rights to a child, arguing the State failed to prove one of the grounds for termination and did not make reasonable efforts toward reunification, the juvenile court should have granted them a six-month extension, termination is not in the child’s best interests, and a statutory exception to termination should have applied.  OPINION HOLDS: Because the parents do not dispute one of the grounds for termination, the State made reasonable efforts toward reunification, a six-month extension would not alleviate the concerns preventing reunification, termination is in the child’s best interests, and no statutory exception should prevent termination, we affirm on both appeals.

            Appeal from the Iowa District Court for Buena Vista County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            The father appeals termination of his parental rights to two children.  OPINION HOLDS: Based on the father’s lengthy history of domestic abuse, repeat violations of no-contact orders, and belligerent behavior toward social workers, we affirm

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

            A mother, Lindsey, appeals the termination of her parental rights to her three-year-old son.  She argues it was not in her son’s best interests and a permissive factor advises against termination.  She also requests more time.  OPINION HOLDS: Because we find termination is in the child’s best interest, no permissive exception applies, and the evidence does not support delaying the child’s permanency, we affirm.