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Case No. 20-0898

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

In the Interest of N.M., Minor Child

State of Iowa, Appellant

Attorney for Appellant

Ellen Ramsey-Kacena, Assistant Attorney General

Attorney for Appellees Intervenors

Dustin D. Hite and Randy S. DeGeest

Guardian ad Litem

Denise McKelvie Gonyea

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0898
Date Published:
Oct 07, 2020
Summary

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Following termination of parental rights, the State appeals from the juvenile court’s order removing the Iowa Department of Human Services (DHS) as the child’s guardian and custodian and appointing the child’s foster parents to serve as guardians and custodians.  OPINION HOLDS: We treat the foster parents’ post-termination filings as a request to remove and replace a guardian.  The DHS’s decisions with regard to the child were within its discretion as guardian and custodian.  Therefore, the juvenile court’s order removing the DHS must be reversed.

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