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In the Interest of K.G., Minor Child
S.G., Mother Appellant
Attorney for Appellant Mother
Jacob Van Cleaf
Attorney for Appellee State
Mary A. Triick, Assistant Attorney General
Guardian ad Litem
Magdalena B. Reese
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. Partial Dissent by Greer, J. (20 pages)
A mother appeals one ground for adjudicating her child to be a child in need of assistance and that child’s removal from her care. OPINION HOLDS: I. With only one injury alleged and conflicting evidence over whether the injury was nonaccidental, there is insufficient evidence to adjudicate K.G. a child in need of assistance under section 232.2(6)(b) (2021). The mother does not dispute the adjudication under section 232.2(6)(c)(2). II. Although both the mother and the father present a risk of harm, the evidence shows the child is at greater risk in the mother’s care. On this basis, there is sufficient evidence for the child’s removal from the mother’s care. PARTIAL DISSENT ASSERTS: I agree with the majority that the adjudication of K.G. under section 232.2(6)(b) should be reversed. But I part ways with the majority as to the continued removal of K.G. from the mother's care; I would also reverse the juvenile court's decision on the issue of removal.