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Case No. 18-0558

In the Interest of B.B. and E.B., Minor Children

S.B., Father-Appellant

Attorney for Appellant Father

Ryan M. Dale

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

Vicki R. Danley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0558
Date Published:
Sep 12, 2018
Summary

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  Special Concurrence by Danilson, C.J.  (10 pages)

            A father appeals from the juvenile court order adjudicating two of his five children, E.B. and B.B., in need of assistance, pursuant to Iowa Code section 232.2(6)(b) (2017).  He contends the State did not present clear and convincing evidence of physical abuse or neglect or that physical abuse or neglect were imminently likely, and continued adjudication is not in the children’s best interests.  OPINION HOLDS: On our de novo review, we find adjudication was supported as to B.B. but not E.B.  Accordingly, we affirm in part and reverse in part.  SPECIAL CONCURRENCE ASSERTS: I write separately to expand upon why In re D.B., No.17-0740, 2017 WL 4317337, at *6 (Iowa Ct. App. Sept. 27, 2017), does not serve to support adjudication of E.B. in this case. 

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