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Case No. 18-1606

In the Interest of J.W., Minor Child

J.W., Father-Appellant

Attorney for Appellant Father

Jacob L. Mason

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

Michael J. Bandstra

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 21, 2018

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  Special Concurrence by Vaitheswaran, J.  (5 pages)

                J.W. was found to be a child in need of assistance based on the mother’s neglect of J.W.  Following an adjudication and dispositional hearing, the father of J.W. appeals.  He asserts the district court could not “remove” the child from him because he had no actual or legal custody of the child.  OPINION HOLDS: We find this issue is not ripe for review.  We therefore affirm the adjudicatory and dispositional order of the district court.  SPECIAL CONCURRENCE ASSERTS: I believe the issue of the child’s removal from the father is ripe for review.  I would affirm the removal order contained within the dispositional order on the merits; the child was formally removed from the father, and the father conceded he was not in a position to assume custody of her.

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