August 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  REVERSED AND REMANDED.  Considered by Greer, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights, drawing on provisions of the Iowa Indian Child Welfare Act.  OPINION HOLDS: We reverse and remand because the record is deficient on required qualified-expert testimony.  We do not disturb the status quo from the underlying child-in-need-of-assistance cases or any existing no-contact orders.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A defendant appeals his criminal sentences, arguing the district court failed to provide particular reasons for its sentencing decision.  OPINION HOLDS: We affirm, concluding the district court provided sufficient reasons for the sentence.  Even if it hadn’t, it wasn’t required to since it was merely giving effect to the terms of the plea agreement.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            The juvenile court terminated the mother’s parental rights to five-year-old W.G.-C. pursuant to Iowa Code section 232.116(1)(f) (2023).  The mother appeals, arguing the statutory ground for termination was not met and challenging whether termination is in the child’s best interests since W.G.-C. remains in the custody of his father.  OPINION HOLDS: Because the State proved the grounds for termination under section 232.116(1)(f) and we decline to apply the permissive factor in section 232.116(3)(a), we affirm. 

            Appeal from the Iowa District Court for Audubon County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

             A mother appeals the termination of her parental rights to her three-year-old daughter.  OPINION HOLDS: Because we find the statutory ground for termination is supported, termination is in her best interests, and a statutory exception does not apply, we affirm. 

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A father appeals the adjudicatory and dispositional orders in a child-in-need-of-assistance proceeding (CINA).  OPINION HOLDS: Clear and convincing evidence supports each of the grounds for the CINA adjudication and the child’s removal from the father’s custody.  Because restricting supervised visitation will eliminate the risk of adjudicatory harm to the child while maintaining the parent-child bond and serving the child’s best interests, we reverse the portion of the dispositional order prohibiting contact between the father and child.  We remand to the juvenile court to order supervised visitation at the department of health and human service’s discretion.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Termination is in the child’s best interests, and we do not grant the mother additional time to work toward reunification.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (7 pages)

            The juvenile court terminated the mother’s parental rights to C.L., K.L., and K.L., who ranged in ages from thirteen to nine years old at the time of the termination trial, under Iowa Code section 232.116(1)(e) and (f) (2024).  The mother appeals, arguing the statutory grounds for termination were not proved, the State failed to make reasonable efforts to reunify her with the children, she should be given additional time to achieve reunification, and—because of the close bond she shares with the children—it is not in the children’s best interests to terminate her rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to C.L., K.L., and K.L.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the State has shown grounds for termination exist under Iowa Code section 232.116(1)(f) (2024), termination is in the best interests of the child, and the application of a permissive exception to termination is unwarranted, we affirm.

            Appeal from the Iowa District Court for Fremont County, Scott Strait, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.