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   State Courts - Iowa - March 14, 2007

  
In the Interest of D.R., No. 7-116 / 06-1931, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(f) because her children could not be returned to her care, as the mother was not able to progress beyond limited visitations, she did not give credence to her youngest daughter's claims of sexual abuse, and she failed to keep children away from registered sex offender.

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In the Interest of E.J.C., No. 7-120 / 07-0033, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Because a mother requested, but was denied court-appointed counsel under Iowa Code § 232.113(1), the termination of her parental rights to her son was reversed and the case was remanded for rehearing.

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In the Interest of G.R., No. 7-123 / 06-1969, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Termination of parental rights was affirmed because the father had a history of substance abuse and domestic violence, the father had failed or refused to enroll in parenting classes to which he had been referred, and the record did not support a finding that termination of the father's parental rights was not in the children's best interest.

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In the Interest of I.J., No. 7-125 / 07-0120, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(d) and (l); despite treatment, the mother had been unsuccessful in addressing her drug abuse. Termination was also in the child's best interests, as the mother's past acts indicated that she lacked insight and the ability to place the child's interests before her own.

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In the Interest of J.W., No. 7-122 / 07-0091, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Juvenile court did not err in denying the State's petition to terminate mother's parental rights to her two oldest children under Iowa Code § 232.116 because (1) by the time the termination hearing concluded, she had graduated from a drug rehabilitation program and her parenting skills had improved; and (2) she had a strong bond with her children.

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In the Interest of K.L.B., No. 7-163 / 07-0164, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Termination of father's parental rights was upheld under Iowa Code § 232.116(1)(f) and (h) because father had been largely absent from children's lives for 18 months, and he had significant drug problem but did not enter substance abuse treatment. Termination was also in children's best interests because children had virtually no bond with father.

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In the Interest of T.C., No. 7-162 / 06-2105, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Mother's continued need for outpatient drug treatment and her history of methamphetamine-related arrests were clear and convincing evidence that she suffered from a severe and unresolved drug problem. Thus, there was convincing evidence supporting the child's adjudication as a child in need of assistance, Iowa Code § 232.2(6)(c)(2) and 232.2(6)(n).

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Jaeger v. Dubuque County, No. 6-1037 / 06-0738, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Denial of postconviction relief was affirmed because trial counsel did not have a duty to object to the admission of evidence obtained without a search warrant, and postconviction proceedings were not a valid means of challenging the order finding the petitioner in contempt.

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Lowry v. Iowa DOT, No. 6-1091 / 06-1181, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Under Iowa Code § 17A.9(10)(f), substantial evidence supported the Department of Transportation's finding that the driver drove to the scene while intoxicated, and officer had reasonable grounds to believe driver was operating a motor vehicle while intoxicated, Iowa Code § 321J.6(1). Driver's actions constituted refusal to submit to breath test.

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Metzger v. Kum & Go, No. 7-092 / 06-1526, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Trial court erred in granting summary judgment to landlord because existence of a lease for a storage unit and the propriety of the landlord's conduct were best left for a jury; fact new lock, identical to those on the other units, was in place could support finding landlord provided someone else with lock and permission to enter the lessee's unit.

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