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Case No. 20-1406

In the Interest of A.W., Minor Child

T.D., Mother-Appellant

Attorney for Appellant Mother

Nicholas A. Bailey

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Kimberly A. Graham

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 29, 2021 2:00 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-1406
Date Published:
May 21, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1406
Date Published:
Feb 03, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (12 pages)

            The mother appeals seeking a reversal of the juvenile court order adjudicating her child, A.W., a child in need of assistance (CINA) under Iowa Code section 232.6(c)(2) and (n) (2020).    Alternatively, the mother seeks reversal of a portion of the dispositional order that continued removal of A.W. from her care.  OPINION HOLDS: We affirm the CINA adjudication under 232.6(c)(2).  Clear and convincing evidence demonstrates A.W. is imminently likely to suffer harmful effects as a result of the mother and father’s toxic relationship and history of domestic violence.  We reverse the CINA adjudication under section 232.2(6)(n).  The State has failed to show by clear and convincing evidence how the mother’s drug or alcohol abuse led to A.W. not receiving adequate care.  Lastly, we affirm the juvenile court order continuing removal of A.W. from the mother’s care.

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