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Case No. 21-0561

In the Interest of K.M., Minor Child

State of Iowa, Appellant

Attorney for Appellant State

Mary A. Triick

Attorney for Appellee Mother

Heidi Young

Guardian ad Litem

Erin Mayfield

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 04, 2021

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by May, J.  Dissent by Mullins, J.  (9 pages)

            The State appeals the juvenile court’s dismissal of a child-in-need-of-assistance petition.  OPINION HOLDS: We conclude the State failed to meet its burden to prove the allegations by clear and convincing evidence.  DISSENT ASSERTS: On my de novo review of the record, I would find the child’s testimony credible and that it is not in the child’s best interest to be returned to the home of the alleged abuser.  I would find the State proved the grounds for adjudication pursuant to Iowa Code section 232.2(6)(c)(2) and (d) (2021) by clear and convincing evidence.  Accordingly, I respectfully dissent and would reverse and remand this case for further proceedings.

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