In the Interest of N.C., Minor Child
The father seeks further review of the court of appeals ruling partially affirming and partially reversing the district court’s order dismissing the child-in-need-of-assistance petition. He argues the court of appeals erred by finding there was clear and convincing evidence he sexually abused the child pursuant to Iowa Code section 232.2(6)(d).
State of Iowa, Appellant
Attorney for Appellant State
Kathryn K. Lang
Guardian ad Litem
Julie De Vries
Attorney for Appellee Father
Jonathan Willier
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 17, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by May, P.J., Ahlers, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (7 pages)
The State filed a petition alleging eight-year-old N.C. is a child in need of assistance (CINA), pursuant to Iowa Code section 232.2(6)(b), (d), and (p) (2020), which the juvenile court dismissed following a hearing. On appeal, the State and the child’s guardian ad litem challenge the juvenile court’s conclusions that there is not clear and convincing evidence N.C. was sexually abused by father or is imminently likely to be sexually abused by him. The State also maintains there is clear and convincing evidence to find the father physically abused or neglected N.C. or is imminently likely to abuse or neglect her. OPINION HOLDS: We affirm the juvenile court’s dismissal of the CINA petition as to section 232.2(6)(b) and (p). Because we determine N.C. is a child in need of assistance pursuant to section 232.2(6)(d), we reverse the court’s dismissal of the petition under that ground.