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Case No. 18-1165

In the Interest of L.B., Minor Child

J.R., Father-Appellant

Attorney for Appellant Father

Martha L. Cox

Attorney for Appellee State

Charles K. Phillips, Assistant Attorney General

Guardian ad litem

Marsha J. Arnold

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Tabor, J., takes no part.  Opinion by McDonald, J.  (4 pages)

            A father appeals a dispositional order placing his child in the custody of the Iowa Department of Human Services  for placement in family foster care. He challenges both the juvenile court’s grant of custody to the Department and the Department’s placement of the child in foster care.  OPINION HOLDS: Because the Department was the preferable custodian, the juvenile court did not err in granting the Department custody of the child. We find that the father’s challenge to the Department’s placement of the child in foster care fails because the Department, as legal custodian of the child, has the authority to place the child in foster care.

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