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Case No. 21-0242

In the Interest of M.O. and Z.O., Minor Children

E.I., Mother-Appellant

Attorney for Appellant-Mother

Katie Eastvold

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Julie Trachta

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0242
Date Published:
Oct 06, 2021
Summary

    Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent by Schumacher, J. (13 pages)

    A mother appeals adjudicatory and dispositional orders filed in a child-in-need-of-assistance proceeding.  She contends (1) the State failed to prove the grounds for adjudication cited by the district court; (2) the State failed to make reasonable reunification efforts; and (3) the district court should not have placed the children with their father.  OPINION HOLDS: We affirm the child-in-need-of-assistance adjudication under Iowa Code section 232.2(6)(c)(2) (2020).  We reverse the adjudication under Iowa Code sections 232.2(6)(b) and (n).  DISSENT ASSERTS: Clear and convincing evidence exists that the mother was “imminently likely to abuse or neglect” M.O. and Z.O. Accordingly, M.O and Z.O.’s adjudication pursuant to Iowa Code section 232.2(6)(b) should be affirmed. 

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