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Case No. 21-1384

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

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

Opinion Number:
21-1384
Date Published:
Jan 27, 2022
Summary

            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.

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