April 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ.  Opinion by Buller, J.  (5pages)

            A father petitioned to modify the physical-care schedule for his shared child with the mother.  OPINION HOLDS: Because we find the father failed to prove a substantial change in circumstances to warrant a change in physical care, we affirm the denial of his petition to modify.

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            R.B. appeals a district court order, challenging whether he continues to be seriously mentally impaired and his current placement as the least-restrictive placement.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Cassidy Miller appeals the district court decision placing the parties’ minor child in Christian Miller’s physical care.  OPINION HOLDS: We find it is in the child’s best interest to be placed in Christian’s physical care.  We find the district court did not abuse its discretion in denying Cassidy’s request for trial attorney fees.  We affirm the district court.  Each party shall be responsible for their own appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals a dispositional order denying modification of placement in a child-welfare case.  She argues that the juvenile court should have placed her children with their maternal grandmother instead of fictive kin.  OPINION HOLDS: We find that the juvenile court erred in considering the current placement a relative under Iowa Code section 232.2(56) (2023).  But because disrupting the children’s placement is not in their best interests, we affirm the denial of the motion to modify. 

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination is in the child’s best interests, and the parent-child bond is not so strong to preclude termination.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Because we summarily affirm on the statutory ground not challenged by the mother and decline to rely on the permissive exception to avoid termination or to order an additional six months of time, we affirm the termination of the mother’s parental rights.  Because we find that the State proved that J.H. could not be safely returned to the father’s custody at the time of the termination hearing, we also affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the child’s best interests.  We decline to apply any permissive exception and establish a guardianship. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to her child, arguing for a permissive exception and that a guardianship should be established.  OPINION HOLDS: Because we find no permissive exception should be applied to prevent termination and guardianship is not in the best interests of the child, we affirm termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Schumacher, P.J.  (11 pages)

            A mother and father appeal the termination of their parental rights.  OPINION HOLDS: Because the State has proven grounds by clear and convincing evidence for termination under Iowa Code section 232.116(1)(f) and (h) (2023), termination is in the best interest of the children, a permissive exception should not be applied to preclude termination, and an extension of time for reunification efforts is unwarranted, we affirm.

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (11 pages)

            In this child-in-need-of-assistance proceeding, the mother appeals the juvenile court’s dispositional review order and finding of reasonable efforts.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to three children, claiming she should have been granted additional time to work toward reunification.  OPINION HOLDS: Because additional time is not warranted, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination, claims termination is not in the child’s best interests, and argues the court should apply a permissive exception to forgo termination.  The mother also claims she received ineffective assistance from her counsel that should entitle her to relief.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the child’s best interests, and we decline to apply a permissive exception to termination.  The mother’s counsel did not provide ineffective assistance.