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   State Courts - Iowa - September 7, 2006

  
In the Interest of D.R., No. 6-652 / 06-1025, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Termination of parental rights was affirmed because termination was in the children's best interests, given the parents' violent and unstable relationship, the mother's inability to stay away from the father, the father's aggressive behavior, and both parents' drug use.

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In the Interest of E.S., No. 6-707 / 06-1146, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Orders terminated the parental rights of the mother and the father, pursuant to Iowa Code § 232.116(1) were affirmed because the father had waived his right to appeal error on statutory grounds and the mother had not statutory error by clear and convincing evidence. There was evidence that termination was in the best interests of the children.

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In the Interest of J.A., No. 6-599 / 06-0939, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Evidence was sufficient to support a finding that the mother's parental rights should be terminated pursuant to Iowa Code § 232.116 because the children had been removed two years earlier, the mother had not completed services offered, and the mother continued to use drugs. Custody with a relative did not preclude termination.

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In the Interest of J.D., No. 6-646 / 06-1026, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Termination of a mother's parental rights pursuant to Iowa Code § 232.116(1)(d) was affirmed because the mother continued to have a substance abuse problem that precluded reunification and that continued despite the mother's receipt of services. Termination was in the best interests of the child.

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In the Interest of J.E., No. 6-390 / 06-0459, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Decision to terminate the mother's parental rights with respect to one of her four sons, pursuant to Iowa Code § 232.116 was reversed because the State had not shown termination to be in the son's best interests. The son had a substantial bond with his three older brothers and re-focused services would assist the mother toward reunification.

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In the Interest of K.K., No. 6-655 / 06-1095, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Father's parental rights were properly terminated under Iowa Code § 232.116(1)(h) because his children could not be returned to his custody, as he had a history of mental illness, including several suicide attempts, and there was evidence that he refused to treat his illness and, as a result, jeopardized the welfare of his children.

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In the Interest of M.C., No. 6-602 / 06-1122, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Termination of father's parental rights was upheld under Iowa Code § 232.116(1)(e) because he failed to maintain significant and meaningful contact with his child, as he saw the child only three times in the year preceding the termination hearing, case manager was concerned about lack of interaction, and reasonable reunification efforts were made.

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In the Interest of N.S., No. 6-653 / 06-0899, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Court did not err in adjudicating 3 children as children in need of assistance (CINA) under Iowa Code §§ 232.2(6)(b), 232.2(6)(c)(2), 232.2(6)(d), and 232.2(6)(f) as, inter alia, DHS investigation found father sexually abused child and child remained consistent regarding details she revealed about father's abuse and mother's failure to do anything.

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McGee v. State, No. 6-639 / 06-0156, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: In delivery of methamphetamine case, denial of application for postconviction relief was upheld under Iowa Code § 822.8 because the applicant failed to preserve error on his claim that his original trial attorney was ineffective, as the applicant could have raised the issue in his postconviction relief proceeding, but he did not do so.

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Milligan v. Mueller (In re Estate of Schmidt), No. 6-644 / 06-0330, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: There was clear and convincing evidence that the deceased made an enforceable oral charitable subscription to the church, when the evidence clearly showed that the church accepted the deceased's offer prior to his death, and before the death of the deceased, the church had started the remodeling work.

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