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Case No. 19-0170

In the Interest of A.P., Minor Child

A.M., Mother-Appellant

L.P., Father-Appellant

Attorney for Appellant Mother

Rachel Antonuccio

Attorney for Appellant Father

John J. Bishop

Attorney for Appellee State

Kathryn K. Lang, Assistant Attorney General

Guardian ad litem

Anthony A. Haughton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0170
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Mullins, J., and Danilson, S.J.  Opinion by Doyle, P.J.  Dissent by Danilson, S.J.  (8 pages)

A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating both the mother’s and the father’s parental rights because the child could not be returned safely to either parent’s care.  Termination is in the child’s best interests and none of the exceptions to the termination statute apply.  Accordingly, we affirm the termination of both the mother’s and the father’s parental rights.  DISSENT ASSERTS: I respectfully dissent.  I believe the evidence falls short of clear and convincing evidence that the child could not be returned home to the parents.  Initially, the parents struggled to attend to the child’s special needs but they had progressed to four overnights a week without any significant incident prior to the termination hearing.  I would reverse.  

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