2025 Archive | Court of Appeals Court Opinions

    Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Sandy, JJ.  Opinion by Tabor, C.J.  (8 pages)

    A mother appeals the termination of her parental rights to three children.  She contends the State did not offer clear and convincing evidence to support the statutory grounds for termination, termination was not in their best interests, the parent-child bond should prevent termination, and the State failed to make reasonable efforts to reunite the family.  OPINION HOLDS:  On our review, we reach the same conclusions as the juvenile court.  The mother cannot provide the stability that the children need.  We thus affirm the termination order.

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (4 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: The mother did not preserve error on her reasonable-efforts challenge or her permissive-exception arguments.  And we find the children are best served by termination, as the mother made no effort to see her children in a year and a half, she has not worked toward reunification, and the children are long overdue for permanency.

            Appeal from the Iowa District Court for Poweshiek County, Richelle Mahaffey, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother to two children and the father of the older child separately appeal the termination of their respective parental rights.  The father argues termination of his parental rights is not in the child’s best interests and he should be given additional time to work toward reunification.  The mother broadly claims the State failed to prove its case for termination of her parental rights.  OPINION HOLDS: Termination of the father’s rights is in the child’s best interests, and we do not grant him additional time to work towards reunification.  The mother has failed to develop any specific claims for our review, resulting in the waiver of any claims she may have.  Nonetheless on our de novo review of the record it is clear that the State established statutory grounds for termination of the mother’s rights, termination of her rights is in the children’s best interests, and the mother could not establish a permissive exception to termination.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: There is clear and convincing evidence to support the statutory ground for termination under Iowa Code section 232.116(1)(h) (2024), so we affirm. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the termination of her parental rights to her son, arguing that termination is not in the son’s best interest and the parent–child bond exception applies.  OPINION HOLDS: We agree with the juvenile court that termination of the mother’s parental rights in the son’s best interest.  She has not made progress towards unsupervised visits, still struggles with substance use, and has not fully utilized mental-health services.  And the son is much improved in his foster-care placement and is finally receiving the stable home environment that he needs.  We also agree that the parent–child bond exception does not apply because the mother has not met her burden to prove that termination would be more detrimental to the son than the uncertain status quo.  We thus affirm the juvenile court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Badding, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Because the child cannot safely return to the mother’s care due to substance‑abuse problems and additional time was not warranted, we affirm the termination of her parental rights.  Finding the father’s arguments generally thwarted by the indefinite nature of his incarceration and possible deportation, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A father appeals the termination of his parental rights to one child.  OPINION HOLDS: Because the father failed to challenge all grounds for termination on appeal, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights to their child, J.C.  OPINION HOLDS: Because we find the statutory grounds for termination have been established, termination is in the best interests of the child, and no permissive exceptions apply, we affirm termination of both parents’ parental rights to J.C.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals the termination of his parental rights to three of his children.  He challenges the sufficiency of the evidence supporting the grounds for termination, claims termination is not in the children’s best interests because permissive grounds to preclude termination exist, and argues the district court erred in denying his request for additional time to work toward reunification.  OPINION HOLDS: Having found the statutory grounds satisfied, that no permissive exception should be applied, and that an extension of time is unwarranted, we affirm termination of the father’s parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the order terminating her parental rights to two children.  OPINION HOLDS: Because the State proved the grounds for termination by clear and convincing evidence and termination is in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the statutory grounds for termination were established, termination is in the best interest of the child, the parent-child bond permissive exception does not apply, and additional time for reunification is not warranted. 

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED.  Considered by Tabor, C.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            An applicant appeals the denial of postconviction relief from his incest, lascivious conduct with a minor, and third-degree sexual abuse convictions.  OPINION HOLDS: Because all of the applicant’s claims of ineffective assistance of counsel stem from counsel’s reasoned, strategic decisions, counsel did not breach any duty and we affirm the denial of postconviction relief.