Filed Feb 08, 2023
View Opinion No. 22-1418
View Summary for Case No. 22-1418
Appeal from the Iowa District Court for Fayette County, Linnea Nicol, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Vaitheswaran, P.J. (6 pages)
A mother appeals the termination of her parental right to two children, contending (I) the State failed to prove the ground for termination cited by the district court; (II) the department of health and human services failed to make reasonable reunification efforts; (III) termination was not in the children’s best interests; (IV) the district court should have granted an exception to termination based on the parent-child bond; and (V) the district court should have afforded her additional time to reunify with the children. OPINION HOLDS: We affirm the termination of the mother’s parental rights to the two children.
Filed Feb 08, 2023
View Opinion No. 22-1499
View Summary for Case No. 22-1499
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Buller, J. (5 pages)
The co-executors of a Dubuque County estate appeal the district court’s denial of their request for extraordinary fees. OPINION HOLDS: The district court abused its discretion when it refused to hold a hearing when confronted with potentially serious errors in its order. We therefore reverse and remand for a hearing.
Filed Feb 08, 2023
View Opinion No. 22-1532
View Summary for Case No. 22-1532
Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (11 pages)
T.A. appeals the termination of her parental rights to two children, E.A. and B.A. She maintains that the ground for termination was not satisfied, reasonable efforts were not provided, and termination is not in the best interests of the children. OPINION HOLDS: Having concluded E.A. and B.A. cannot be returned to their mother’s care, reasonable efforts were provided, and termination is in their best interests, we affirm termination of their mother’s parental rights.
Filed Feb 08, 2023
View Opinion No. 22-1754
View Summary for Case No. 22-1754
Appeal from the Iowa District Court for Scott County, Michael E. Motto, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Buller, JJ. Opinion by Vaitheswaran, P.J. (4 pages)
A mother appeals the termination of her parental rights to three children, contending (1) the State failed to prove the ground for termination cited by the district court and (2) termination was not in the children’s best interests. OPINION HOLDS: The district court order terminating the mother’s parental rights to the three children is affirmed.
Filed Feb 08, 2023
View Opinion No. 22-1824
View Summary for Case No. 22-1824
Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, 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. OPINION HOLDS: We find the juvenile court did not have grounds to grant an extension, termination was in the children’s best interests, no exception applies, and reasonable efforts were made. We affirm.
Filed Feb 08, 2023
View Opinion No. 22-1839
View Summary for Case No. 22-1839
Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Tabor, P.J. (6 pages)
A mother contends that the Iowa Department of Health and Human Services has not made reasonable efforts to return her two children. OPINION HOLDS: We agree with the mother that the department should have acted with more urgency in scheduling visitation with her children early in the case. But by the time of the disposition hearing, the totality of the department’s efforts for the family met the standard of reasonableness. So at this point we affirm.
Filed Feb 08, 2023
View Opinion No. 22-1851
View Summary for Case No. 22-1851
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Ahlers, J. Partial Dissent by Vaitheswaran, P.J. (7 pages)
A mother and father separately appeal a district court order adjudicating their three children in need of assistance. OPINION HOLDS: We affirm the adjudication of the children as children in need of assistance under Iowa Code section 232.96A(3)(b) and (14) (2022). PARTIAL DISSENT ASSERTS: I concur in part and dissent in part. I agree the State proved the children were in need of assistance under Iowa Code section 232.96A(3)(b) (2022). But on my de novo review of the record, I would conclude the State failed to prove the children were in need of assistance under section 232.96A(14).
Filed Feb 08, 2023
View Opinion No. 22-1946
View Summary for Case No. 22-1946
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. (7 pages)
A mother appeals the termination of her parental rights to her daughter. OPINION HOLDS: The district court found good cause to circumscribe the guardian ad litem’s statutory duties at the termination hearing. Because the State proved the statutory grounds for termination, termination is in the child’s best interest, no permissive exceptions apply, and the record does not support a six-month extension, we affirm.
Filed Feb 08, 2023
View Opinion No. 22-1948
View Summary for Case No. 22-1948
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 Buller, J. (7 pages)
The mother appeals the termination of her parental rights to her five children. OPINION HOLDS: The State proved the statutory grounds for termination, termination is in the children’s best interests, and the mother failed to prove she has a bond with the children that should preclude termination.
Filed Feb 08, 2023
View Opinion No. 22-1965
View Summary for Case No. 22-1965
Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Bower, C.J. (14 pages)
A father appeals the termination of his parental rights to his child, K.K., asserting the juvenile court minimized his efforts toward reunification and erred in concluding termination was in the child’s best interests. He contends the child was removed due to the mother’s behavior—not his, and argues the court should have either returned the child to his care immediately or granted him additional time to achieve reunification. In addition, the father contends his bond with the child should have been recognized as an exception to termination. OPINION HOLDS: We conclude there is clear and convincing evidence the child cannot be returned to the father’s care without risk of adjudicatory harm, termination and adoption are in the child’s best interests, and the father did not meet his burden to establish an exception to termination under Iowa Code section 232.116(3) (2022). We thus affirm.
Filed Feb 08, 2023
View Opinion No. 22-1983
View Summary for Case No. 22-1983
Appeal from the Iowa District Court for Fremont County, Eric J. Nelson, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (11 pages)
A mother and father separately appeal the termination of their parental rights. OPINION HOLDS: We find there is sufficient evidence in the record to terminate the mother’s parental rights, termination is in the child’s best interests, no exceptions to termination should be applied, the mother waived her reasonable efforts claims, and an extension of time is not warranted. For the father, we find termination of his parental rights is supported by the record, termination is in the child’s best interests, and the court properly denied his request for an extension of time. We affirm on both appeals.
Filed Jan 25, 2023
View Opinion No. 21-0075
View Summary for Case No. 21-0075
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (13 pages)
Following a bench trial, Jordan Christopher Henry was convicted of second-degree murder and first-degree arson. On appeal, Henry challenges only his conviction for second-degree murder and contends there is insufficient evidence of malice aforethought to support the conviction, his constitutional right to present a defense was violated when the district court ruled he could not rely on “methamphetamine-induced psychosis” as a complete defense, the evidence established he was insane as a result of his voluntary intoxication, and resentencing is needed because the court’s statements were ambiguous. OPINION HOLDS: Finding no merit in any of his claims and a clear intent to impose consecutive sentences, we affirm.