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:
Date Published:
Court of Appeals
Court of Appeals Opinion
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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.