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Case No. 20-0833

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

In the Interest of N.C., Minor Child

The father seeks further review of the court of appeals ruling partially affirming and partially reversing the district court’s order dismissing the child-in-need-of-assistance petition. He argues the court of appeals erred by finding there was clear and convincing evidence he sexually abused the child pursuant to Iowa Code section 232.2(6)(d).

State of Iowa, Appellant

Attorney for Appellant State

Kathryn K. Lang

Guardian ad Litem

Julie De Vries

Attorney for Appellee Father

Jonathan Willier

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 17, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-0833
Date Published:
Dec 18, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0833
Date Published:
Aug 19, 2020
Summary

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

The State filed a petition alleging eight-year-old N.C. is a child in need of assistance (CINA), pursuant to Iowa Code section 232.2(6)(b), (d), and (p) (2020), which the juvenile court dismissed following a hearing.  On appeal, the State and the child’s guardian ad litem challenge the juvenile court’s conclusions that there is not clear and convincing evidence N.C. was sexually abused by father or is imminently likely to be sexually abused by him.  The State also maintains there is clear and convincing evidence to find the father physically abused or neglected N.C. or is imminently likely to abuse or neglect her.  OPINION HOLDS: We affirm the juvenile court’s dismissal of the CINA petition as to section 232.2(6)(b) and (p).  Because we determine N.C. is a child in need of assistance pursuant to section 232.2(6)(d), we reverse the court’s dismissal of the petition under that ground. 

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