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Case No. 21-1098

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

In the Interest of L.E., E.E., and S.B., Minor Children

S.E., Father-Appellant

M.E., Mother-Appellant

L.E., Minor Child-Appellant

Attorney for Appellant Father

Jonathan M. Causey

Attorney for Appellant Mother

Nancy L. Pietz

Attorney for Appellant L.E.

Magdalena B. Reese

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Nicole Garbis Nolan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1098
Date Published:
Aug 17, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (19 pages)

            A mother of three children and a father of two of those children separately appeal the termination of their parental rights, challenging each step in the termination framework and raising some ancillary issues.  OPINION HOLDS: We find clear and convincing evidence that the State made reasonable efforts to reunify the children with these parents but, despite those efforts, grounds for termination exist under Iowa Code section 232.116(1)(f) (2021).  We further find that termination is in the children’s best interests and that no permissive exception should be applied to preclude that result.  We agree with the juvenile court’s rejection of a guardianship for the oldest child and its denial of the mother’s request for additional time.  Finally, we conclude that if any error occurred in the court’s denial of intervention, it was not prejudicial to the father.  The court’s ruling is affirmed as to both parents. 

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