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   State Courts - Iowa - January 19, 2006

  
In the Interest of G.G., No. 5-930 / 05-1581, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116 was upheld because termination was in child's best interests, as child needed stable and secure home, which mother was not able to provide; mother had relapsed back into drug use; and child had opportunity to be adopted by family who could meet his needs for safety and stability.

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In the Interest of H.K.C., No. 5-974 / 05-1806, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Termination of mother's rights pursuant to Iowa Code § 232.116(1)(d), (f), (h), and (i) (2005) was affirmed because mother had not preserved her two issues on appeal by first raising them in juvenile court and because her brief did not comply with requirements of Iowa R. App. P. 6.14(c) where she cited no authority to support due process claim.

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In the Interest of H.W., No. 5-976 / 05-1859, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Permanency order was affirmed because the evidence clearly showed that the grandmother did not take steps to protect the children from sexual abuse, and it would not be in the children's best interests to be returned to the grandmother's care.

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In the Interest of L.S., No. 5-904 / 05-1707, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Trial court did not err by terminating a mother's parental rights under Iowa Code § 232.116(1)(h) where despite the receipt of family centered services, foster care, supervised visitation, mental health services, and care management services, she failed to remedy the circumstances necessitating the child's adjudication as in need of assistance.

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In the Interest of M.S., No. 5-975 / 05-1733, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Adjudication of children to be in need of assistance under Iowa Code § 232.2(6)(c)(2) and (d) was affirmed because the daughter was consistent in her statements that she had been sexually abused by the stepfather and he admitted to the same incidents. The trial court specifically found the parents were not credible witnesses.

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In the Interest of R.B., No. 5-910 / 05-1809, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Mother's parental rights were properly terminated under Iowa Code § 232.116(1)(f) because child would be subjected to harm if he were returned to the mother's care; although the child had consistently stated that he was sexually abused by the mother's boyfriend, the mother refused to believe her son, and she refused to separate from her boyfriend.

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Iowa DOT v. Iowa Dist. Ct. for Muscatine County, No. 5-842 / 04-1696, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: District court acted without authority by directing Iowa Department of Transportation (IDOT) to use an earlier date than date of court's order as effective date for a woman's license revocation under Iowa Code § 901.5(10) (2003); such backdating was clearly prohibited by the statute and the court thus sustained IDOT's writ challenging the order.

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Johnson v. Lund, No. 5-934 / 04-1122, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Levis v. Steffes, No. 5-629 / 04-1117, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In a dispute between siblings and a divorced farm wife about whether property that was conveyed to wife and husband was held in constructive trust, trial court erred in ordering wife to turn property over to siblings because evidence did not show constructive trust or undue influence in original conveyance.

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Miller v. Casey's Gen. Stores, Inc., No. 5-849 / 04-1896, COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: As a matter of law, the retailer was not a possessor of a convenience store where it did not retain sufficient control over the store's day-to-day operations under a lease and therefore had no legal duty to the customer; thus, the trial court did not err in granting the retailer's motion for summary judgment in the customer's negligence lawsuit.

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