In Re CAV
Court of Appeals of Iowa · 2010-06-16
This case involved a father's appeal of the termination of his parental rights to his daughter in a private proceeding initiated by the mother under Iowa law. The child is an enrolled member of an Indian tribe, so the court considered requirements under the Iowa Indian Child Welfare Act. The Court of Appeals of Iowa affirmed the termination, finding that the father had abandoned the child through minimal contact and support prior to his incarceration and no contact during his prison term. The court determined that the mother had met the ICWA standards by providing evidence that continued custody would likely cause serious damage and by making active efforts to maintain the parent-child relationship, which were unsuccessful due to the father's choices.
family lawcivil rights
Alcor Life Extension Foundation v. Richardson
Court of Appeals of Iowa · 2010-05-12 · cited 13×
This case concerned a dispute over the disposition of Orville Richardson's remains after his 2009 death. In 2004, Orville had executed documents donating his body to Alcor Life Extension Foundation for cryonic suspension of his head, but his brother and sister, acting as conservators and later administrators, had him buried without notifying Alcor. Alcor sought a court order for disinterment at its expense under the Revised Uniform Anatomical Gift Act and the Final Disposition Act. The district court denied the request, but the appellate court reversed and remanded, holding that the anatomical gift was valid and irrevocable by the relatives, that Alcor's rights were superior under the statutes, and that disinterment for reburial was authorized when the donee consented.
family lawprocedureproperty
In Re Dmj
Court of Appeals of Iowa · 2010-02-10
This case involved the termination of parental rights of both parents to their child D.J., who was born in September 2008 and tested positive for cocaine at birth. The parents appealed the juvenile court's order terminating their rights under Iowa Code section 232.116(1)(h), arguing that the statutory grounds were not met at the time the petition was filed, that a trial home placement exceeded thirty days, and that the child could be returned to the mother's custody and that termination was not in the child's best interests. The Court of Appeals of Iowa affirmed the termination, holding that the grounds need not exist at filing but at the time of the hearing, that the trial placement did not preclude termination, and that clear and convincing evidence showed the child could not be safely returned due to ongoing issues including substance abuse, domestic violence, incarceration, lack of housing or employment, and failure to maintain stability despite services provided.
family law
State v. Shaffer
Court of Appeals of Iowa · 2009-09-17 · cited 1×
This case concerned whether a Waukee police officer violated Iowa Code section 804.20 by failing to give an OWI arrestee a reasonable opportunity to contact an attorney before a chemical test. After a traffic stop, Shaun Shaffer was arrested and made several unsuccessful attempts to reach an attorney or family using his cell phone and the station phone, with the officer assisting by dialing numbers and checking a phone book. The district court suppressed the test results, finding the officer had denied Shaffer a chance to locate his chosen attorney's number. The court of appeals reversed, holding that the officer had allowed multiple calls, incoming calls, messages, and additional assistance over a reasonable period, and that Shaffer had not acted in good faith by stalling. The matter was remanded for further proceedings.
criminal lawprocedure
Day v. THE FINLEY HOSP.
Court of Appeals of Iowa · 2009-05-29 · cited 10×
The case involved a negligent credentialing claim by Daniel Day against The Finley Hospital after podiatrist Dr. Michael Arnz performed ankle surgery using an external fixator that required drilling into the tibia, leading to a bone infection. Day alleged the hospital was negligent in granting privileges to Dr. Arnz, who allegedly exceeded the scope of podiatry practice under Iowa Code section 149.1, and sought discovery of the doctor's credentialing file. The district court denied access to the credentialing records under Iowa Code section 147.135(2), instructed the jury that the surgery fell within podiatry's lawful scope, and the jury returned a verdict for the hospital. The Iowa Supreme Court affirmed, holding that the podiatry statute permits surgical treatments for foot and ankle conditions even if they involve the tibia, and that the peer review confidentiality statute bars discovery of credentialing files regardless of the claim type.
torts & liabilityprocedurehealthcare
In Re DH
Court of Appeals of Iowa · 2004-07-28
This case involved the termination of a father's parental rights to his daughter, who had been adjudicated a child in need of assistance due to repeated physical abuse by her mother and later disclosures of sexual abuse by the father. The father appealed the 2004 termination order, arguing that federal and state Indian Child Welfare Acts applied but were not followed, that he was not properly served with the termination petition, and that termination was not in the child's best interests. The Iowa Court of Appeals, sitting en banc, affirmed the termination, holding that the ICWA inquiry duty was not triggered on this record, that service was proper because the notice explicitly referenced the attached petition, and that termination was appropriate given the father's lengthy prison sentence for drug conspiracy, his limited prior contact with the child, and the child's need for a stable placement after removal from her grandmother's care. The court reasoned that the relevant statutes and evidence did not support the father's claims.
family lawprocedure