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   State Courts - Iowa - April 12, 2006

  
In re Marriage of Plasencia, No. 6-185 / 05-0347, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: In dispute between mother and father as to whom should receive tax exemption for child, appellate court determined that mother should receive the exemption, consistent with 26 U.S.C.S. § 152(c)(4)(B)(i), because equity in this matter dictated that mother receive the exemption.

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In the Interesst of L.V., No. 6-203 / 06-0131, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Mother's parental rights were properly terminated under Iowa Code § 232.116(1)(f) and (h) because her children could not be returned to her care, as her response to services had been virtually non-existent, she repeatedly missed visits with children, she did not follow through with substance abuse treatment, and children would be subject to harm.

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In the Interest of C.B.J., No. 5-988 / 05-0783, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: If legislature had intended to allow the juvenile court to defer the sex offender registration decision, then it could have done so more explicitly. Thus, juvenile court's dispositional order was reversed and remanded to extent that it deferred the determination of whether juvenile should be required to register pursuant to Iowa Code § 692A.2(4).

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In the Interest of D.A., No. 6-204 / 06-0255, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: It was in a child's best interests to remain in his father's care, Iowa Code § 232.2, where the mother did not point to any request for additional services she made in the pendency of the case, reasonable efforts had been made, and the child continued to improve in his father's care, while the mother had made little progress toward reunification.

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In the Interest of K.M., No. 6-178 / 06-0125, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Father's parental rights were properly terminated under Iowa Code § 232.116 because he had no significant contact with his child since he was incarcerated, father's past failure to resolve substance abuse issues and recidivistic behavior diminished prospects of successful family reunification, and termination was in child's best interests.

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In the Interest of K.R., No. 6-202 / 06-0375, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Court properly transferred custody of a child, pursuant Iowa Code § 232.102, where the guardian had a lengthy history of criminal activity, she had an involvement with people who were abusive and used illegal drugs, she lacked honesty in dealings with the court, and she had a minimal involvement with services offered to her.

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In the Interest of L.S., No. 6-207 / 06-0296, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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In the Interest of O.P.R., No. 6-205 / 06-0298, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Termination of mother's parental rights was upheld because, under Iowa R. App. P. 6.14(1)(c) she waived issue regarding sufficiency of reunification services, as she failed to present supporting legal authority for her argument; there was also no evidence that she demanded different services prior to termination.

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In the Interest of T.L., No. 6-257 / 06-0202, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Termination of father's parental rights was upheld under Iowa Code § 232.116(1)(f), as he had not fully addressed substance abuse problems and admitted children could not be returned to his care, and mother's parental rights were properly terminated under § 232.116(1)(f) and (l) due to substantial history of drug addiction and treatment history.

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K Roofing & Sheet Metal Co. v. Rockwell Collins, Inc., No. 5-965 / 05-0700, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Order granting an owner's motion for summary judgment in the contractor's action against it to foreclose a mechanic's lien was affirmed because Iowa Code § 572.16 (2003) provided that the owner was not liable to pay more than the contract amount and the portion of the contractor's change order relating to labor costs was not approved.

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