2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Allamakee County, Laura Parrish, Judge.  REVERSED AND VACATED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            The mother challenges a ruling entered in Allamakee County after entry of an order transferring venue to Linn County.  OPINION HOLDS: The Allamakee County District Court lacked authority to decide any substantive issue in the original case number after the change of venue to Linn County.  All substantive rulings entered in the Allamakee County District Court after the change of venue to Linn are void.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The juvenile court did not abuse its discretion in denying a continuance.  The grounds for termination under Iowa Code section 232.116(1)(h) (Supp. 2022) exist, and termination is in the child’s best interests.  Finally, granting the mother additional time would not eliminate the need for the child’s removal.  We affirm the termination of the mother’s parental rights.

               Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(g) (2022).  The mother challenges that ruling, contending she has been responsive to services and should have been granted additional time.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Jefferson County, William Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            B.C., mother to P.C.P. and R.C.K., and A.K., father to R.C.K., appeal the termination of their parental rights.  B.C. contends the State failed to prove a ground for termination, the Department of Health and Human Services (DHHS) failed to provide reasonable efforts, and termination is unnecessary because a guardianship could be established.  A.K. asks for a six-month extension for reunification efforts.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence, DHHS made reasonable efforts, and a guardianship would not be appropriate.  We decline A.K.’s request for a six-month extension.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON MOTHER’S APPEAL; REVERSED AND REMANDED ON FATHER’S APPEAL.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (23 pages)

            The mother of two children, R.D. and A.D., and the biological father of R.D. separately appeal the respective termination of their parental rights.  Both parents challenge whether the State proved the statutory ground for termination, argue the loss of their rights is not in the best interests of their child or children, and maintain the State failed to make reasonable efforts at reunification.  As part of their reasonable-efforts challenge, the mother and father challenge the constitutionality of Iowa Code section 232.102A(2) (Supp. 2022).  In the alternative, the father requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to both children and find she lacks standing to make her constitutional challenge.  As to the father, we conclude the department failed to meet its reasonable-efforts obligation and reverse the termination of his rights to R.D., grant his request to delay permanency for six months, and remand.  Because we resolve the issue on statutory grounds, we do not reach the father’s constitutional arguments. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            The father and mother separately appeal the termination of their parental rights.  The father challenges the statutory basis for termination.  The mother contests whether termination is in the best interests of the child, whether a statutory exception precluded termination, and whether the State provided reasonable efforts toward reunification.  OPINION HOLDS: Because these parents cannot provide a safe and stable home, even after years of services, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, 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 to her two children under Iowa Code section 232.116(1)(f) and (h) (2022).  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

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

              K.G. appeals the termination of her parental rights to two children.  OPINION HOLDS: Because the children could not be returned to the mother at the time of the termination hearing, we affirm.

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

            The mother appeals the termination of her parental rights to one child.  She argues it was not in the child’s best interests, and she asks for an extension.  OPINION HOLDS: Because the mother has not shown the kind of progress that would make reunification possible in six months, delaying permanency is not a viable option.  Given her persistent mental-health, substance-abuse, and housing issues, termination is in the child’s best interests.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            W.W. appeals the termination of his parental rights to one child, O.W.  He contends that the statutory ground is unsatisfied, termination does not serve the child’s best interests, and exceptions to termination should have been applied.  OPINION HOLDS: Upon our de novo review, we affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, 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 to her two children. OPINION HOLDS: We find the evidence sufficient to support termination under section 232.116(1)(f) (2022) and conclude an extension of time is unwarranted.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, the mother has not shown an exception to termination should be applied, and the court properly denied the mother’s request for an extension of time.  We affirm the termination of the mother’s parental rights.