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   State Courts - Iowa - May 10, 2006

  
In the Interest of M.O., No. 6-334 / 06-0405, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Out-of-home placement of a child with relatives was properly found to be the least restrictive disposition, pursuant to Iowa Code §§ 232.99(4), 232.102, in a child in need of assistance proceeding under Iowa Code § 232.2(6) because although she had made progress, the mother had not yet completed remedial services to improve parenting skills.

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In the Interest of Q.S., No. 6-266 / 06-0129, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A trial court properly declared a parents' son a child in need of assistance pursuant to Iowa Code § 232.2(6)(b), (c)(2), and (n) (2005), and held that he could not be returned to their care where the parents had quit individual therapy, were denying or minimizing the past abuse of their other children, and had an unstable financial situation.

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In the Interest of S.M.B., No. 6-358/06-0416, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Parents' rights to their child were properly terminated pursuant to Iowa Code § 232.116(1)(h) (2005) because although both parents demonstrated periods of sobriety, they had a pattern of relapsing; the cycle led to criminal behavior and the inability to care for a child. The child had been in the custody of relatives for the past 18 months.

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In the Interest of S.S., No. 6-359 / 06-0465, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Appellate court affirmed the termination of a father's parental rights under Iowa Code § 232.116(1)(h). The father had a history of problems with anger, he admitted he was diagnosed with explosive temperament disorder, he lied about his consumption of alcohol during the permanency hearing, and his employment and income were not stable.

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In the Interest of T.J., No. 6-259 / 06-0126, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Father's parental rights were properly terminated under Iowa Code § 232.116(1)(h). Father was in prison on drug charges and it was clear that the children could not be returned to him at the present time; additionally, father had just started treatment for substance abuse before he was arrested, and he had not addressed the issue of domestic abuse.

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In the Interest of T.J., No. 6-360 / 06-0466, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: An order terminating mother's parental rights to her three children pursuant to Iowa Code § 232.116(1)(g) and (h) was upheld where the children had remained in foster care since their removal from the home in December 2004, after testing positive for exposure to methamphetamine. The mother's parental rights to another child were terminated in 1998.

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In the Interest of W.J.B., No. 6-265 / 06-0335, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A mother's parental rights were properly terminated under Iowa Code § 232.116(1)(I). The mother entered several substance abuse treatment programs, but had relapsed into drug use; thus, the children could not be returned to her care within a reasonable period of time.

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Moffett v. Collision Ctr., Inc., No. 6-156 / 05-0699, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Substantial evidence supported the Workers' Compensation Commissioner's finding that an employee with a back injury suffered a 40% permanent industrial disability under Iowa Code § 17A.19 because, inter alia, treating physicians opined that he had a degenerative disc disorder and significant pain and imposed light or sedentary work restrictions.

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Riniker v. Locust St. Secs., No. 6-148 / 04-1888, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Financial service company had no duty to executors in connection with broker's sale of annuities to decedent as it was not security under Iowa Code § 502.102 and broker was not acting within authority as representative of company. Company did not authorize sale of annuities. There was no evidence that broker acted with company's apparent authority.

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SKW Biosystems/Degussa Health & Nutrition v. Wolf, No. 6-173 / 05-1373, COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Pursuant to Iowa Code § 17A.19(10)(f), substantial evidence supported finding that employee had sustained cumulative injury as trial court found employee credible and expert testimony established probability that injury was work-related. Employer received timely notice about injury, Iowa Code § 85.23, and injury manifested itself February 16, 1999.

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