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Case No. 19-0799

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

In the Interest of R.S., Minor Child

J.F., Mother-Appellant

Attorney for Appellant Mother

Vicki R. Danley

Attorney for Appellee State

Meredith L. Lamberti, Assistant Attorney General

Attorney for Appellee Father

Katherine Murphy

Guardian ad Litem

Jaclyn Tackett

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 24, 2019

            Appeal from the Iowa District Court for Fremont County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            The juvenile court terminated the mother’s parental rights to her child, R.S., under Iowa Code section 232.116(1)(f) (2019).  On appeal, the mother argues: (1) termination is not required because the child was in the father’s care, (2) termination is not in the child’s best interests, (3) the Iowa Department of Human Services failed to provide appropriate services, and (4) the exception in Iowa Code section 232.116(3)(a) should apply since the father has legal custody.  OPINION HOLDS: Because filing a termination petition was permissible while R.S. remained in the father’s care and termination is in R.S.’s best interests, we affirm the termination of the mother’s parental rights.

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