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:
Date Published:
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.
