May 2023 Archive | Court of Appeals Court Opinions

              Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

              A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the children’s best interests, none of the exceptions to termination should be applied, and the court properly denied the mother’s request to place the children in a guardianship.  We affirm the juvenile court’s decision terminating the mother’s parental rights.

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

                 The juvenile court terminated the mother’s parental rights to A.B. (born in 2019), A.B. (born in 2019), and A.W. (born in 2021) under Iowa Code section 232.116(1)(h) (2022).  The mother appeals, arguing (1) the children could have been returned to her custody at the time of the termination trial; (2) the loss of her rights is not in the children’s best interests; and (3) termination will be detrimental to the children based on the closeness of the parent-child relationships, so a permissive factor should preclude termination.  Alternatively, the mother requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to all three children. 

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  The mother contends the State did not establish a ground for termination.  She also asserts termination is not in the children’s best interests and that their close parent-child bond should preclude termination.  Both parents ask for a six-month extension.  OPINION HOLDS: We find the State established a ground for termination pursuant to Iowa Code section 232.116(1)(h) (2022).  Termination is in the children’s best interests.  We decline to grant the exception based on the parent-child bond.  And a six-month extension is not warranted for either parent. 

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (4 pages)

            The father appeals a permanency review order.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established a statutory ground for termination as to both parents because the child could not be returned to the custody of either parent.  Termination is in the child’s best interests.  The father-child bond is not so strong as to preclude termination.  We do not grant the father additional time to work toward reunification.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother appeals the termination of her parental rights, contending it is not in the child’s best interests.  OPINION HOLDS: Because we conclude termination and adoption is in the child’s best interests, we affirm.

              Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (6 pages)

              A mother appeals the termination of her parental relationship with her four-year-old son.  OPINION HOLDS: Because we find the grounds for termination were met, termination is in her son’s best interest, and no permissive exceptions apply, we affirm.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.