2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            T.A., the father of the child at interest, J.T.A., appeals the juvenile court’s order terminating his parental rights in a private termination proceeding.  He claims the court erroneously found he abandoned the child.  He also contends termination is not in the child’s best interests.  OPINION HOLDS: We find clear and convincing evidence supports the court’s determination that T.A. abandoned the child.  Termination is in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

                A mother appeals the termination of her parental rights to two children, ages seven and ten.  She challenges the statutory grounds for termination, argues the State failed to make reasonable efforts to reunite the family, and contends it was not in the children’s best interests to terminate her rights.  OPINION HOLDS: Because of ongoing substance-abuse issues and a history of emotionally harmful behavior by the mother, and despite the State’s reasonable efforts, we find termination was supported and in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the district court and she should have been afforded additional time to reunify with the children.  OPINION HOLDS: We affirm the order terminating the mother’s parental rights to the four children.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.   Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, finding that R.E. could not be returned to her mother at the time of the termination hearing, that reasonable efforts towards reunification were made, and the juvenile court did not err in declining to grant an additional six months to work towards reunification.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children.  She claims there was insufficient evidence to support a statutory ground for termination, that termination was not in the children’s best interests, and that the court should have declined to terminate based on her close bond with the children.  OPINION HOLDS:  We find clear and convincing evidence supports termination.  Termination is in the children’s best interests.  We decline to apply an exception to termination.  We affirm. 

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination, and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            S.J. appeals the termination of her parental rights to two children, O.H. and J.Y.  W.H. separately appeals the termination of his parental rights to O.H.   Both parents maintain the statutory grounds are unsatisfied, termination is not in the best interests of the children, an exception should be granted due to the parent-child bonds, and a guardianship should be established.  The mother also requests an exception based on J.Y.’s placement with his father.  OPINION HOLDS: Upon our de novo review, we affirm termination of both parents’ parental rights to their respective children. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  She claims the juvenile court violated her federal due-process rights by holding the termination hearing in her absence and without appointing counsel.  She also challenges the juvenile court’s best-interest determination and claims the parent-child bond should preclude termination.  OPINION HOLDS: The mother’s due-process claim is not preserved.  Termination is in the child’s best interests.  The mother did not preserve her claim that a permissive exception based on a parent-child bond should be applied, and, even if she had preserved it, the mother did not establish that termination would be detrimental to the child due to the claimed bond.

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            A mother appeals the dispositional order confirming her child is a child in need of assistance and removing the child from her care.  OPINION HOLDS: Because placement with the mother was not appropriate without further supervision nor in the child’s best interests, we affirm the juvenile court’s dispositional order confirming continued removal from the mother.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Perry, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the district court and termination was not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.

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

            A mother appeals the termination of her parental rights, arguing she should have been granted additional time to work toward reunification.  OPINION HOLDS: We conclude additional time is not warranted and affirm termination.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find clear and convincing evidence of at least one statutory ground for termination and affirm.