In the Interest of L.B., Minor Child
father appeals from the termination of the parental rights to his child. On further review, the father argues the juvenile court erred in terminating his parental rights because the child had not been adjudicated a child in need of assistance.
B.B., Father-Appellant
Attorney for Appellant Father
Dean A. Fankhauser
Attorney for Appellee State
Michelle R. Becker
Guardian ad Litem
Michelle M. Hynes
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 16, 2021 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
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Summary
Appeal from the Iowa District Court for Woodbury County, Mary J. Sokolovske, Judge. AFFIRMED. Considered by Bower, C.J., May, J., and Doyle, S.J. Opinion by May, J. Dissent by Bower, C.J. (11 pages)
A father appeals the termination of his parental rights to L.B. OPINION HOLDS: The juvenile court was correct to terminate the father’s parental rights. DISSENT ASSERTS: Iowa Code section 232.109 (2020) requires there be a child-in-need-of-assistance (CINA) order in force at the time a petition for termination is filed. Because there was no CINA order in force at the time the petition to terminate parental rights was filed here, the juvenile court was without authority to terminate the father’s parental rights. I would reverse and remand for further proceedings.