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| In the Interest of B.C.H., No. 6-649 / 06-1073,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court affirmed termination of a mother's parental rights pursuant to Iowa Code § 232.116(1)(h) (2005) because there was clear and convincing evidence the child could not be returned to the mother's care. In part, the evidence showed that the mother had been unable to successfully manage her mental health and substance abuse issues.
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| In the Interest of D.H., No. 6-654 / 06-0947,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Juvenile court had not erred in adjudicating 2 children as children in need of services (CINA) under Iowa Code § 232.2(6)(c)(2); mother engaged in abuse/neglect of children in 2001 and received services then, she again engaged in abuse/neglect in 2005, leading to their adjudication as CINA and thereafter made minimal progress toward reunification.
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| In the Interest of J.N., No. 6-656 / 06-1124,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Grounds for termination of a father's parental rights pursuant to Iowa Code § 232.116 were proven by clear and convincing evidence. The father had a 30-year documented history of mental health and substance abuse issues, and his prognosis for maintaining long-term sobriety was poor given his extensive history of chronic substance abuse.
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| In the Interest of J.W., No. 6-725 / 06-1170,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Judgment of the juvenile court terminating parent's rights was affirmed pursuant to Iowa Code § 232.116(1)(d),(e), and (f) because substantial evidence showed that the mother was not able for two-and-one-half years to comply with service requirements and the father could not provide a stable home and had not participated in services.
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| In the Interest of M.J.V., No. 6-726 / 06-1123,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: In termination of parental rights matter, there was no basis for trial judge's recusal because judge never indicated, in earlier proceeding, that he would not be further involved in matter. Decision to terminate parental rights was supported because State proved, by clear and convincing evidence, essential elements of Iowa Code § 232.116(1)(f).
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| In the Interest of P.S., No. 6-647 / 06-0905,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court affirmed the termination of a mother's parental rights pursuant to Iowa Code § 232.116(1) (2005) because the district court did not err in not applying Iowa Code § 232.116(3) (2005), which was not mandatory. In part, it would have been too disruptive to remove the child from her stable foster home to place her with an aunt.
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| In the Interest of R.A.W., No. 6-718 / 06-0237,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court affirmed termination of a father's parental rights to his son under Iowa Code chapter 600A because extensive evidence supported the district court's findings that termination was in the son's best interests, including testimony from the mother and the Department of Human Services regarding the father's abuse of the son.
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| In the Interest of S.B., No. 6-760 / 06-1257,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Termination of parental rights was in the children's best interests, Iowa Code § 232.116, because the parents failed to visit one child, they were unable to address her special needs, and both children were bonded with their foster parents, who intended to adopt them.
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| Liberty Bank v. Diamond Paint & Supply, Inc., No. 6-624 / 05-1892,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: An appellate court affirmed a grant of summary judgment in favor of a bank who was the assignee of a equipment rental agreement as the hell or high water clauses in the agreement were valid under Iowa Code § 554.9403 and the agreements were subject to Article 2A of the Iowa U.C.C. under Iowa Code § 554.13102.
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| McVay v. Bergman, No. 6-531 / 05-1009,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court erred in admitting videotape of news report in which a surgeon discussed breast reconstruction surgery as statement in report, that three-stage breast reconstruction technique did not work for women who had undergone radiation, was made by reporter not surgeon and was not admissible as an adoptive admission under Iowa R. Evid. 5.801(d)(2)(B).
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