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Case No. 21-1810

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

In the Interest of B.W., Z.W., T.W., and W.W., Minor Children

B.W., Father-Appellant

C.W., Mother-Appellant

Attorney for Appellant Father

Kylie Liu

Attorney for Appellant Mother

Morgan Wilson

Attorney for Appellee State

Tabitha J. Gardner, Assistant Attorney General

Guardian ad Litem

Robin Licht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 16, 2022

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Special Concurrence by Ahlers, J.  (16 pages)

            A father and a mother appeal the termination of their parental rights.  In his appeal, the father asserts the DHS failed to make reasonable efforts toward reunification.  The mother, in contrast, argues that termination was not in her children’s best interests, and that guardianship is the preferable alternative.  OPINION HOLDS: Because the father did not request specific assistance, we affirm.  Likewise, the termination is in the children’s best interests and better serves their needs for stability and permanency.  So we affirm on the mother’s appeal as well.  SPECIAL CONCURRENCE ASSERTS: The father filed his notice of appeal three days late.  I disagree with the majority that a three-day delay is negligible in most circumstances.  However, because the father filed his notice when the clerk’s office was closed due to a holiday and unable to process filings until reopening, I would conclude the unique circumstances here make the delay negligible.  I otherwise join in the majority opinion.

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