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Case No. 21-1472

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

C.H. Intervenor-Appellant

Attorney for Appellant Guardian Ad Litem

Paul L. White

Attorney for Appellant Intervenor

Andrea M. Flanagan

Attorney for Appellee State

Natalie Deerr

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 20, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
21–1472
Date Published:
Jun 03, 2022
Date Amended:
Aug 03, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1472
Date Published:
Feb 16, 2022
Summary

            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.

Other Information

Date Further Review is Granted:
Mar 29, 2022
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