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Case No. 21-1853

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

In the Interest of J.A., Minor Child

J.J., Father-Appellant

Attorney for Appellant Father

J. David Zimmerman

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Barbara E. Maness

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1853
Date Published:
Feb 16, 2022
Summary

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            J.A. is a seven-year-old child with severe asthma.  Following his parents’ unilateral decision to reduce his daily medicine, J.A. suffered a near-fatal asthma attack in June 2021.  This led to J.A.’s intubation and hospitalization, and the Iowa Department of Human Services (DHS) became involved with the family.  Until court ordered, the parents resisted working with DHS or providing signed releases for J.A.’s medical information.  Under these circumstances, the court adjudicated J.A. a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b), (c)(1), (c)(2), and (e) (2021).  The father appeals each of the adjudicatory grounds.  OPINION HOLDS: We affirm the adjudication of J.A. as a CINA under Iowa Code section 232.2(6)(b), (c)(2) and (e).  We reverse the adjudication under section Iowa Code section 232.2(6)(c)(1).

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