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   State Courts - Iowa - June 14, 2006

  
In re Marriage of Wonders, No. 6-357 / 05-1857, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: In child custody and support dispute, trial court did not err in refusing to modify custody or visitation because father failed to show a substantial change in circumstance; however, trial court erred under Iowa Ct. R. 9.11 in denying variation from support guidelines because substantial injustice would otherwise result.

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In the Interest of A.B., No. 6-270 / 06-0199, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Mother's parental rights were properly terminated under Iowa Code § 232.116(1)(d) (2005) because she was unable to improve her parenting skills; she disregarded social workers' suggestions and, as her psychological evaluation noted, she would need at least another year to work on issues in order to show the stability her children needed.

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In the Interest of A.C., No. 6-041 / 05-1787, No. 6-117 / 06-0083, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Placement order was reversed and remanded because the child should not be placed with the paternal great-grandparents, when the home study report failed to address how the grandparents would protect the child from her parents' substance abuse, or how they would handle contact from the child's father.

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In the Interest of C.S. , No. 6-271 / 06-0381, No. 6-395 / 06-0264, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Juvenile court denied hearing on grandparent visitation issue because grandparents, whose grandchildren were adjudicated in need of assistance (CINA) pursuant to Iowa Code § 232.2(6)(n), did not have standing once they were removed as guardians; they were no longer on the list of necessary people for CINA proceedings, under Iowa Code § 232.91(1).

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In the Interest of D.A.M., No. 6-269 / 06-0377, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: In child in need of assistance case, permanency order placing child in long term foster care was upheld, as father and legal guardian were unable to provide structure and consistency child needed, they were unable to provide discipline or supervision necessary for child, and father remained on sex offender registry and never completed counseling.

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In the Interest of D.V.H., No. 6-403 / 06-0563, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Termination of parental rights under Iowa Code § 232.116 was in the children's best interests because the children had spent nearly five years in and out of foster care, neither parent had adequately addressed their respective mental health problems, and the parents remained unemployed with no prospects for employment in the foreseeable future.

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In the Interest of G.P., No. 6-261 / 06-0280, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Termination of father's parental rights under Iowa Code § 232.116(1)(b) and (h) was upheld because his due process rights were not violated, as due process did not require that he, as incarcerated parent, be permitted to participate by telephone; he was not denied opportunity to present testimony by deposition; and denial of continuance was proper.

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In the Interest of J.C., No. 6-405 / 06-0564, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Parental rights of mother and father were properly terminated under Iowa Code § 232.116(f) because children could not be returned to their care, as both parents had history of substance abuse, and termination was in children's best interest because it would be less detrimental than harm that would be caused by continuing parent/child relationships.

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In the Interest of J.P., No. 6-268 / 06-0297, COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Termination of father's parental rights under Iowa Code § 232.116(1)(e) and (h) was upheld because his due process rights were not violated, as he did not have right to be physically present at termination hearing, and termination was in children's best interests because father was incarcerated and had shown limited ability to care for children.

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In the Interest of P.J., No. 6-404 / 06-0593, COURT OF APPEALS OF IOWA, June 14, 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 mother had substantial and largely unaddressed drug problem, had not made progress in services she was provided, and lacked adequate understanding of responsibilities required to care for children.

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