For summaries from opinions prior to August, 2018, view PDF versions here.
In the Interest of K.D. and K.D., Minor Children
Paul L. White, Guardian Ad Litem-Appellant
Attorney for Appellant Guardian Ad Litem
Paul L. White
Attorney for Appellant Intervenor
Andrea M. Flanagan
Attorney for Appellee State
Oral Argument Schedule
Apr 20, 2022 9:00 AM
Supreme Court Opinion
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by Tabor, J. Dissent by Vaitheswaran, P.J. (15 pages)
The guardian ad litem (GAL) and intervenor appeal a guardianship decision after the juvenile court terminated Ke.D. and Ki.D.’s parents’ rights. GAL Paul White and paternal grandmother Carletta asked the court to remove the department of human services (DHS) as the children’s guardian and appoint Carletta guardian. They assert DHS acted unreasonably, its guardianship is not in the children’s best interests, DHS violated its procedure by removing the children from Carletta and placing them in foster care, and DHS’s guardianship should be terminated. OPINION HOLDS: We agree DHS acted unreasonably in failing to send relative notices. But it generally acted in the children’s best interests. And it is in the children’s best interests for DHS to remain as guardian and custodian. We affirm the denial of White’s and Carletta’s motions. DISSENT ASSERTS: I agree the key question is whether removal of the department as guardian is in the children’s best interests. I believe it is; therefore, I respectfully dissent.