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Case No. 19-0154

In the Interest of H.S., Minor Child

J.P., Mother-Appellant

Attorney for Appellant Mother

Scott A. Johnson

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

Shannon L. Sandy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            A mother appeals removal and adjudication orders involving her child, raising claims that the district court erroneously required participation in pre-adjudication services and improperly relied on her refusal to take a drug test in adjudicating the child in need of assistance.  She also asserts the statutory grounds for adjudication cited by the district court were not satisfied.  OPINION HOLDS: The district court acted appropriately in basing the temporary removal order on the mother’s refusal to take the test requested by the child protection worker.  The court also cited other factors to support adjudication of the child as a child in need of assistance.  For that reason, the court’s reliance on the compelled drug-testing portion of the removal order does not require reversal of the adjudicatory order.  As for the statutory grounds cited in support of adjudication, we reverse the adjudication under Iowa Code section 232.2(6)(b) (2018) and affirm the adjudication under section 232.2(6)(c)(2) and section 232.2(6)(n).

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