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Case No. 18-1160

In the Interest of M.W. and P.W., Minor Children

R.W., Father-Appellant

Attorney for Appellant Father

Karmen Anderson

Attorney for Appellee State

Meredith Lamberti, Assistant Attorney General

Guardian ad litem

Martha A. Sibbel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 21, 2018

           Appeal from the Iowa District Court for Pocahontas County, Joseph McCarville, District Associate Judge.  REVERSED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

           Following the entry of a dispositional order, a father appeals a prior juvenile court order adjudicating his children to be children in need of assistance (CINA).  He complains the CINA petition did not provide him with constitutionally adequate notice of the specific acts or omissions he was alleged to have engaged in that would support adjudication under Iowa Code section 232.2(6)(c)(1) (2017).  OPINION HOLDS: We find the notice provided to the father in this case was constitutionally inadequate.  We therefore reverse the orders of adjudication, without prejudice. 

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