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Case No. 18-0767

For summaries from opinions prior to August, 2018, view PDF versions here

In the Interest of T.B. and M.M., Minor Children

M.U., Mother-Appellant

Attorney for Appellant Mother

John G. Daufeldt

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

Kathryn J. Salazar

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 10, 2018

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            The mother challenges the continued removal of two of her children from her care following the modification of a dispositional order.  The mother maintains the State (1) failed to prove by substantial evidence that imminent risk, which warranted emergency removal of the children from her care, existed and (2) did not prove a material and substantial change in circumstances warranting a change in disposition.  OPINION HOLDS: Insofar as the mother challenges the emergency removal order, the issue is moot, and we do not consider it.  The mother’s challenge to the change in disposition fails, as the State proved a material and substantial change in circumstances.  The mother does not otherwise challenge the modification of the dispositional order, so we affirm.

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