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Case No. 23-0579

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In the Interest of J.V., Minor Child

D.B. and M.B., Guardians-Petitioners-Appellants,

J.V., Mother-Respondent-Appellee

Attorney for Appellants

Mark R. Hinshaw

Attorney for Appellee

Cathleen J. Siebrecht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0579
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Dissent by Langholz, J.  (21 pages)

            Guardians appeal the district court’s denial of their petition to terminate a mother’s parental rights to her child under Iowa Code chapter 600A (2020).  OPINION HOLDS: Upon our review, we reverse and remand with instructions to enter an order terminating the parental rights of the mother.  DISSENT ASSERTS: I am compelled to conclude—like the district court—that the guardians have not met their heavy burden to prove abandonment, mainly because of their prevention of contact between the mother and child and their refusal of financial support from the mother.  Thus, I would affirm the dismissal of this termination petition. 

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