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Case No. 21-0569

In the Interest of L.B., Minor Child

father appeals from the termination of the parental rights to his child. On further review, the father argues the juvenile court erred in terminating his parental rights because the child had not been adjudicated a child in need of assistance.

County:
Woodbury

B.B., Father-Appellant

Attorney for Appellant Father

Dean A. Fankhauser

Attorney for Appellee State

Michelle R. Becker

Guardian ad Litem

Michelle M. Hynes

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 16, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-0569
Date Published:
Feb 18, 2022
Date Amended:
Apr 25, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0569
Date Published:
Sep 01, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Mary J. Sokolovske, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Doyle, S.J.  Opinion by May, J.  Dissent by Bower, C.J.  (11 pages)

A father appeals the termination of his parental rights to L.B.  OPINION HOLDS: The juvenile court was correct to terminate the father’s parental rights.  DISSENT ASSERTS: Iowa Code section 232.109 (2020) requires there be a child-in-need-of-assistance (CINA) order in force at the time a petition for termination is filed.  Because there was no CINA order in force at the time the petition to terminate parental rights was filed here, the juvenile court was without authority to terminate the father’s parental rights.  I would reverse and remand for further proceedings. 

Other Information

Date Further Review is Granted:
Sep 28, 2021
Date Retained:
Sep 28, 2021
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