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:
Summary
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.