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Case No. 20-0995

In the Interest of O.P., Minor Child

R.P., Father-Appellant

J.V., Mother-Appellant

Attorney for Appellant Father

Blake D. Lubinus (until withdrawal)

Marshall Orsini

Attorney for Appellant Mother

Cole J. Mayer

Attorney for Appellee State

Meredith L. Lamberti, Assistant Attorney General

Guardian ad Litem

Paul White

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 07, 2020

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            The mother and father separately appeal the termination of their respective parental rights to their child, O.P., born in July 2017.  The juvenile court terminated each parent’s rights under Iowa Code section 232.116(1)(h) (2020).  On appeal, the mother maintains the State failed to prove the statutory ground for termination, the loss of her rights is not in the child’s best interests, and two exceptions to termination are applicable and should preclude termination.  Alternatively, she asks for a six-month extension to work on reunification.  The father echoes the mother’s claims and also challenges the court’s March 2020 permanency order, claiming the court should have delayed permanency and given him a six-month extension rather than ordering the termination-of-parental-rights petition to be filed.  OPINION HOLDS: We affirm the termination of each parent’s rights to O.P.   

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