2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Poweshiek County, Patrick J. McAvan, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (3 pages)

            A father appeals the juvenile court’s bridge order transferring jurisdiction over the custody, physical care, and visitation of his child to the district court.  OPINION HOLDS: The father’s position is not adequately formulated to facilitate our review.  We thus affirm the juvenile court’s bridge order.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Special Concurrence by Greer, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her children under Iowa Code section 232.116(1)(e) and (f) (2025).  OPINION HOLDS: Because the mother failed to contest termination under Iowa Code section 232.116(1)(e), we affirm on the unchallenged ground.  We also find that termination is in the children’s best interests and decline to apply the permissive exception under section 232.116(3)(b).  SPECIAL CONCURRENCE ASSERTS: I join the well-written majority; I write separately to express the frustration both the juvenile court and the participants, including the Iowa Department of Health and Human Services, must feel.  In this case, the children were placed three hours or five hours from the mother while the proceedings were pending and best efforts to reunite the family were being made.  It seems to me that the drought of placement options for children works against the reasonable-efforts obligation our legislature requires in trying to reunite endangered families. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (8 pages)

            A father appeals the juvenile court order terminating his parental rights to his son, born in 2023.  He challenges the statutory grounds for termination and contends that the juvenile court should have returned the child to his custody or granted his request for a six-month extension to achieve reunification.  Alternatively, he claims that it would be in the child’s best interests to establish a guardianship rather than terminating parental rights.  OPINION HOLDS: After carefully considering the record, we affirm the termination order.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered without oral argument by Badding, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, P.J.  (5 pages)

            A mother appeals the juvenile court’s order terminating her parental rights to two children, arguing termination is not in the children’s best interests and that the juvenile court should have transferred guardianship to their grandparents instead.  OPINION HOLDS: Upon our de novo review, we find that termination of parental rights, rather than a guardianship, is in the best interests of the children.  We therefore affirm the order of the juvenile court.

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (8 pages)

            The mother and father separately appeal termination of their parental rights to a child.  OPINION HOLDS: We find the child could not have been safely returned to the father’s custody as of trial, termination is in the child’s best interests, and an additional six months for reunification was unnecessary.  Error was not preserved on any exceptions to thwart termination.  We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered without oral argument Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Finding the statutory grounds for termination have been met, the best interests of the child favor termination, and no extensions or exceptions to termination apply, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (10 pages)

            A mother appeals the juvenile court’s order terminating her parental rights to four children. OPINION HOLDS: We find termination of parental rights is in the best interests of the children and decline to apply a permissive exception based on the parent-child bond.  We also conclude that a six-month extension of time was not warranted and that a guardianship with the children’s grandmother was not appropriate at the time of termination.   We therefore affirm the order of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            A mother appeals the termination of her parental rights, claiming the State failed to prove the grounds for termination cited by the juvenile court and termination is not in the children’s best interests because of the bond she shares with the children.  She also claims her due process rights were violated “when the court permitted hearsay evidence to be admitted at the termination trial.”  OPINION HOLDS: We affirm the termination of parental rights. 

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination, contends the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification, argues termination is not in the children’s best interests, and requests additional time to work toward reunification.  OPINION HOLDS: We reject the mother’s reasonable-efforts challenge and find a statutory ground for termination satisfied because the children cannot be safely returned to the mother’s custody.  Termination is in the children’s best interests, and we do not grant the mother any additional time to work toward reunification.  Accordingly, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals termination of his parental rights to a child born in 2024, challenging the statutory ground, arguing termination is not in the child’s best interests, and seeking additional time to achieve reunification.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Finding the statutory elements were proven and termination is in the child’s best interests, and declining to apply a permissive exception, we affirm.

            Appeal from the Iowa District Court for Fremont County, Scott Strait, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to a child born in December 2021.  OPINION HOLDS: Clear and convincing evidence shows the mother abandoned or deserted the child as required to terminate parental rights under Iowa Code section 232.116(1)(b) (2025).  Termination is in the child’s best interests.  Finally, section 232.116(1)(b) does not require reasonable efforts.