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Case No. 24-0232

In the Interest of A.D., Minor Child

B.D., Father-Appellant

Attorney for Appellant Father

Rachel Antonuccio

Attorney for Appellee State

Tamara Knight, Assistant Attorney General

Guardian ad Litem

Jennie Wilson-Moore

Court of Appeals

Court of Appeals Opinion

Opinion Number:
24-0232
Date Published:
May 08, 2024
Summary

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Partial Dissent by Buller, J.  (21 pages)

            A father appeals the termination of his parental rights raising six distinct arguments.  OPINION HOLDS: We find the father’s arguments meritorious in three respects.  First, we agree that the guardian ad litem’s reports did not comply with statutory requirements and cannot be relied on to support the termination order.  Second, we find the father was making sufficient progress in the case to warrant an extension of six months to work toward reunification.  Third, we find the department should have performed additional drug testing to determine whether the father’s mental-health medications were giving false positive results as part of its obligation to make reasonable efforts toward reunifying the family.  So we reverse the termination order and remand for further proceedings.  PARTIAL DISSENT ASSERTS: Because I would find error was not preserved on the guardian ad litem issue and I believe the majority’s remedy suggestion carries negative consequences contrary to legislative intent, I dissent in part.

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