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Case No. 20-0402

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

In the Interest of K.P., Minor Child

B.S., Father-Appellant

Attorney for Appellant Father

Danielle M. Ellingson

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Attorney for Appellee Mother

Elizabeth A. Batey

Guardian ad Litem

Cynthia Schuknecht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 01, 2020

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            After this two-year-old child tested positive for methamphetamine, the child-in-need-of-assistance (CINA) dispositional order was modified to remove the child from the father’s custody.   The father appeals the modification order.  He argues there is not clear and convincing evidence that removal was necessary to protect the child from some harm that would justify adjudication of the child as a child in need of assistance and there was no showing K.P. was in any danger.  OPINION HOLDS: Based on our de novo review, we agree with the juvenile court decision to modify the CINA dispositional order to remove the child from the custody of the father as well as the mother and to place the custody of the child with the Iowa Department of Human Services.  We affirm.

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