Court of Appeals Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            Timothy Hall appeals the dismissal of his petition for declaratory judgment, in which he sought to clarify the nature of a prior conviction and establish that he is not barred from possessing a firearm or ammunition.  He contends the district court violated his right to due process by treating the State’s untimely motion to dismiss as a motion for judgment on the pleadings without notice and dismissing his petition.  OPINION HOLDS: It is undisputed in this litigation that Hall admitted in his domestic abuse assault causing bodily injury guilty plea that he pushed his wife—clearly an act of physical force.  As such, he pled guilty to an offense with an element of physical force.  Therefore, Hall’s plea, regardless of his intent, falls under Iowa Code section 708.1(2)(a) (2021), not (b).  Having plead to and been convicted of a misdemeanor crime of domestic violence under section 708.1(2)(a), Hall is not entitled to the declaratory relief he seeks.  The district court committed no error in dismissing Hall’s petition.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals an order terminating his parental rights to three children under Iowa Code section 600A.8 (2021).  OPINION HOLDS: Because we find the petitioners proved the father statutorily abandoned his children by clear and convincing evidence, we affirm termination of his parental rights.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (6 pages)

            Jordan and Brian separately appeal the termination of their parental rights to their two daughters.  OPINION HOLDS: The State offered clear and convincing evidence that the children could not be safely returned to either parent’s care.  And Jordan’s engagement with treatment came too late to support delaying permanency.  We affirm on both appeals.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: We find the State engaged in reasonable efforts to reunite the mother with the child, termination is supported by clear and convincing evidence, and termination is in the best interests of the child.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  Dissent by May, P.J.  (14 pages)

            The mother and father separately appeal the termination of their parental rights to their child, G.B., born in 2015.  The mother challenges the statutory ground, claims the loss of her rights is not in the child’s best interests, and maintains the parent-child bond is so strong that termination will harm G.B.  Alternatively, she asks for six more months to reunify with G.B.  As it pertains to his parental rights, the father seems to focus on a best-interests argument and a request for more time.  OPINION HOLDS: We reverse the termination of the mother’s and the father’s parental rights; we grant each parent a six-month extension.  DISSENT ASSERTS: I would not grant either parent additional time to work toward reunification.  Because I think a statutory ground authorizing termination as to both parent is met and termination of both parents’ respective rights is in the child’s best interest, I would affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved the grounds for termination and a permissive exception does not preclude termination.  There is no evidence that the mother would be able to resume custody following an additional six months to work towards reunification.  A guardianship is not preferable to termination here.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to one child, V.B.  OPINION HOLDS: We find an extension of time is not warranted, the mother’s due process challenge was waived, termination is in the child’s best interests, and an exception should not be applied.  Therefore, we affirm termination of the mother’s parental rights to V.B.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor, and Badding, JJ.  Opinion by Tabor, J.  (7 pages)

            Shane appeals the adjudication and continued removal of his three children, contending the State failed to prove they were in imminent danger in his care.  OPINION HOLDS: Because the record contains clear and convincing evidence that Shane’s inability to regulate his emotions and his assaultive conduct endangered his son, adjudication and continued removal is necessary for the safety of all three children, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Schumacher, and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm.