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Case No. 23-1695

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

In the Interest of A.D. and M.T., Minor Children


A.D., Mother-Appellant

Attorney for Appellant Mother

Aaron H. Ginkens

Attorney for Appellee State

Tamara Knight, Assistant Attorney General

Guardian ad Litem

Shireen Carter

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 10, 2024

            Appeal from the Iowa District Court for Lucas County, Eric I. Howe, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination, challenges whether termination is in the children’s best interests, requests we apply a permissive exception to termination, and claims her and the children’s due process rights were violated by removal of the children from her custody.  OPINION HOLDS: The children could not be safely returned to the mother’s custody, so a statutory ground authorizing termination is satisfied.  Termination is in the children’s best interests.  We do not apply a permissive exception to termination.  The mother does not have standing to raise a claim on the children’s behalf.  The mother waived her due process claim, and any challenge to removal is now moot.

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