October 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            The juvenile court terminated the mother’s parental rights to Z.H., born in November 2022, pursuant to Iowa Code section 232.116(1)(e), (g), (h), (k), and (l) (2023).  The mother appeals, arguing (1) the juvenile court erred by failing to file a permanency order or make a ruling as to whether she should get additional time for reunification under section 232.104(2)(b); (2) “[t]he court erred in finding clear and convincing evidence that the child[] could not be returned under Iowa Code [section] 232.116”; (3) the Iowa Department of Health and Human Services failed to make reasonable efforts; (4) the court was wrong to find termination was appropriate under section 232.116(2) and (3) because the guardian ad litem failed to fulfill the duties required by section 232.2(25)(b).  OPINION HOLDS: Following our de novo review of the record, we affirm.

            Appeal from the Iowa District Court for Mahaska County, Patrick McAvan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights, arguing that they should be given more time for reunification and that termination is not in the son’s best interest.  OPINION HOLDS: We find that there is clear and convincing evidence that termination of both parents’ parental rights is in the son’s best interest.  Because neither parent asked for more time for reunification in the juvenile court, they did not preserve error on that issue.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (3 pages)

            The mother appeals the juvenile court’s dispositional review order in these child-in-need-of-assistance (CINA) proceedings, claiming the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the children and the juvenile court should have concluded the CINA proceedings have served their purpose and close the cases.  OPINION HOLDS: Because these claims are contrary to the stance the mother took at the dispositional review hearing, she waived her right to challenge these rulings.  We affirm. 

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED. Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            A mother appeals the termination of her parental rights, arguing that the district court should have applied a permissive exception to preclude termination.  OPINION HOLDS: Upon our de novo review, we affirm.