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Case No. 23-1511

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

In the Interest of L.S., Minor Child

County:
Polk

K.N. and Z.P., Intervenors-Appellants

Attorney for Appellants

Erin E. Jordan

Attorney for Appellee State

Michelle R. Becker, Assistant Attorney General

Guardian ad Litem

Jane White

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1511
Date Published:
Jan 10, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

                Intervenors appeal the juvenile court’s dispositional order in a child-in-need-of-assistance proceeding, which denied their motion for modification of placement of L.S.  They argue the court erred in not finding the Iowa Department of Health and Human Services acted unreasonably and irresponsibly in reaching its placement decision, the department and juvenile court “impermissibly relied upon race and national origin” as factors in determining L.S.’s placement, and the court improperly adopted a permanency plan that did not exist.  OPINION HOLDS: On our de novo review of the record, we find the intervenors did not meet their burden to prove that the department failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge its duties in selecting a suitable placement for the child.  As a result, we affirm the juvenile court’s denial of their motion to modify placement and reject their ancillary claims.

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