Skip to main content
Iowa Judicial Branch
Main Content

Case No. 22-0967

In the Interest of T.B., J.B., and J.B., Minor Children


J.B., Mother-Appellant

T.B., Father-Appellant

Attorney for Appellant Mother

Sandra Benzschawel

Attorney for Appellant Father

Charles R. Kelly

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Whitney L. Gessner

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 31, 2022

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            A mother and father appeal the termination of their parental rights.  They contend the court should have instituted a guardianship in lieu of termination based on the best interests of the children, or applied a statutory exception to termination.  They also claim the juvenile court should have bifurcated the role of guardian ad litem and counsel for one of the children.  OPINION HOLDS: Termination of the parents’ rights is in the best interests of the children, and none of the statutory exceptions apply.  We also find a guardianship is not appropriate on these facts and that the court did not abuse its discretion in declining to bifurcate the attorney and guardian ad litem’s role for the eldest child.  We affirm. 

© 2024 Iowa Judicial Branch. All Rights Reserved.