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Case No. 22-0747

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

In the Interest of J.D., Minor Child

J.D., Father-Appellant

Paul White, Guardian ad Litem

Attorney for Appellant Father

Jamie J. Dawdy

Attorney and Guardian ad Litem for Appellant Minor Child

Paul L. White

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0747
Date Published:
Aug 03, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (8 pages)

            A father and guardian ad litem (GAL) appeal following a juvenile court ruling on an Iowa Rule of Civil Procedure 1.904 motion in this child-in-need-of-assistance (CINA) proceeding.  Both argue the juvenile court should have returned the child to the father and closed the CINA case.  The GAL also argues the State has not made reasonable efforts toward reunification.  OPINION HOLDS: The juvenile court did not make a determination as to whether the State provided reasonable efforts and instead decided it first needed both parties to present evidence on the issue.  We agree and remand so that can take place.  As to placement of the child and closure of the CINA case, we agree with the juvenile court that the child cannot be safely returned and the CINA case cannot be closed.

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