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Case No. 24-1300

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

In the Interest of L.C. and W.C., Minor Child

D.M., Mother of L.C.-Appellant

A.C., Father-Appellant

Attorney for Appellant Mother of L.C.

Jonathan Law

Attorney for Appellant Father

Joel Baxter

Attorney for Appellee State

Tamara Knight, Assistant Attorney General

Guardian ad Litem

Leah Patton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
24-1300
Date Published:
Oct 30, 2024
Summary

            Appeal from the Iowa District Court for Greene County, Ashley Beisch, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (11 pages)

            The juvenile court terminated the parental rights of the father of L.C. (born in 2013) and W.C. (born in 2019) and the rights of L.C.’s mother.  The father argues the juvenile court lacked subject matter jurisdiction to decide the termination petition because the appeal of his convictions was not yet completed; the court was wrong to terminate his parental rights because, if the court waited until he was successful on his criminal appeal, the adjudicatory ground would not persist and the statutory grounds for termination would not be met; and, in the alternative, that the juvenile court should have exercised one of the permissive exceptions and established a guardianship in the children’s paternal grandfather in lieu of terminating the father’s parental rights.  The mother of L.C. challenges the statutory grounds for termination, claims the loss of her rights is not in L.C.’s best interests, and maintains the court should have concluded the close bond between the mother and L.C. precludes termination.  OPINION HOLDS: Following our de novo review, we affirm the termination of each parent’s rights. 

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