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Case No. 19-1999

In the Interest of N.J., N.W., and N.J., Minor Children

D.J., Father-Appellant

Attorney for Appellant Father

Blake D. Lubinus

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Chira Corwin

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1999
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            A father appeals the juvenile court permanency order directing the State to proceed with termination of his parental rights to three minor children as well as the order terminating his rights under Iowa Code chapter 232 (2019).  On appeal, the father argues the juvenile court should have granted him six more months to regain custody of the children rather than directing the State to initiate termination proceedings, the State failed to prove grounds for termination, termination is not in the children’s best interests, and an exception should be applied to prevent termination.  OPINION HOLDS: We conclude the father should have been given an additional six months to pursue reunification.  We reverse the termination of the father’s parental rights and remand for vacation of the juvenile court termination order, implementation of a six-month extension, and further proceedings consistent with this opinion.

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