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Case No. 21-0314

In the Interest of D.M., Minor Child

The father seeks further review after the court of appeals reversed the juvenile court’s permanency order transferring sole custody of the child to her father, and remanded to the juvenile court to enter a permanency order that either returns the child to the mother’s care pursuant to the parents’ shared care arrangement under Iowa Code section 232.104(2)(a), or grants the mother additional time towards reunification under section 232.104(2)(b).

County:
Warren

D.M. Father - Apellee

Attorney for Appellee Father

Frank Steinbach III


K.M., Mother-Appellant

Attorney for Appellant Mother

Karen A. Taylor


Attorney for Appellee State

Mary A. Triick, Assistant Attorney General


Guardian ad Litem

Magdalena Reese

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 15, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-0314
Date Published:
Oct 15, 2021
Date Amended:
Dec 16, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0314
Date Published:
May 26, 2021
Summary

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.   Opinion by Mullins, J.  (9 pages)

            A mother and her child’s guardian ad litem (GAL) separately appeal the juvenile court’s permanency order transferring sole custody of the child, born in 2013, to her father.  Both the mother and GAL argue there was not clear and convincing evidence the child could not be returned to the mother’s care at the time of the permanency hearing.  OPINION HOLDS: We conclude the child could be safely returned to the mother’s home during the mother’s parenting time under the shared care arrangement but brief transition services may be appropriate.  We reverse the juvenile court’s permanency determination, and we remand the matter to the district court to enter a permanency order exercising one of the options contained in Iowa Code section 232.104(2)(a) or (b) (2019).

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