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Case No. 18-1216

In the Interest of E.R., Minor Child

M.K., Mother-Appellant

Attorney for Appellant Mother

John S. Moeller

Attorney for Appellee Father

Rosalynd J. Koob

Attorney for Appellee State

Anagha Dixit, Assistant Attorney General

Guardian ad litem

Meret Thali

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 21, 2018

            Appeal from the Iowa District Court for Plymouth County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (10 pages)

            A mother appeals the order modifying the dispositional order in a child-in-need-of-assistance proceeding.  OPINION HOLDS: A. Because the juvenile court did not continue the dispositional order past the statutory limit, it properly denied the mother’s motion to terminate the dispositional order on this basis.  B. Clear and convincing evidence established the grounds for modifying the dispositional order to transfer legal custody of the child because the efforts made to effect the purposes of the dispositional order had been unsuccessful and the child was at risk of suffering harmful effects as a result of a mental injury if the child remained in the mother’s care.  C. The juvenile court properly imposed terms and conditions on the mother as part of its dispositional order. 

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