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Case No. 18-1114

For summaries from opinions prior to August, 2018, view PDF versions here

In the Interest of E.S., Minor Child

M.S., Father-Appellant

N.S., Mother-Appellant

Attorney for Appellant Father

Kevin J. Huyser

Attorney for Appellant Mother

Timothy J. Kramer

Attorney for Appellee State

Anagha Dixit, Assistant Attorney General

Guardian ad litem

Jenny L.Winterfeld

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1114
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Sioux County, Brian L. Michaelson, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            A father and a mother separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports termination of each parent’s parental rights under Iowa Code section 232.116(1)(h) (2018).  We conclude E.S. cannot be returned to the care of the parents safely because they have not engaged in any meaningful services addressing the risks of physical abuse in the home.  We cannot say the need for removal of the child will no longer exist in six months and, thus, we agree with the juvenile court an extension was not warranted.  The child’s best interests lie in termination of parental rights and permanency with the pre-adoptive foster family. 

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