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Case No. 20-0372

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

In the Interest of P.H., Minor Child

State of Iowa, Appellant

Attorney for Appellant State

Mary A. Triick, Assistant Attorney General

Attorney for Appellee Mother

Douglas E. Cook

Attorney for Appellee Father

Alesha M. Sigmeth Roberts

Guardian ad Litem

Sarah J. Livingston

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 23, 2020

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            The State appeals the juvenile court’s decision denying a child-in-need-of-assistance petition.  OPINION HOLDS: We conclude the juvenile court should have granted the State’s petition for adjudication of the child as a child in need of assistance under Iowa Code section 232.2(6)(c)(2) (2020).  We also conclude the court should have continued the removal of the child from the parents’ care.  We reverse the decision of the juvenile court and remand for further proceedings.

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