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In re N.B.

Court of Appeals of Iowa

January 23, 2014

IN THE INTEREST OF N.B., Minor Child, L.B., Mother, Appellant

Editorial Note:

This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.

Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge. A mother appeals from a placement order in child in need of assistance proceedings.

Steven E. Clarke of Clarke Law Office, West Des Moines, for appellate mother.

K.B., Norwalk, father.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, John Criswell, County Attorney, and Tracie Sehnert, Assistant County Attorney, for appellee State.

Karl Wolle of the Juvenile Public Defender's Office, Des Moines, for minor child.

Considered by Tabor, P.J., Bower, J., and Mahan, S.J.[*]

OPINION

MAHAN, S.J.

I. Background Facts & Proceedings.

Laura and Kenneth are the parents of N.B., who was born in 1998.[1] The child was removed from the mother's care on November 30, 2012, because she had used marijuana with N.B., who was then fourteen years old, on more than one occasion. N.B. was adjudicated to be a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b), (c)(2), and (o) (2011). N.B. was placed in family foster care.

On May 31, 2013, the juvenile court ordered that N.B. be returned to Laura's care. He was removed again, however, on June 18, 2013, after testing positive for marijuana. There were also concerns that Laura had taken N.B. and other teenagers to a party where they had access to alcohol. N.B. was placed in shelter care, where he attempted to injure himself. He was subsequently moved to a residential program.

On August 15, 2013, Laura filed an application to modify N.B.'s placement, asking that he be returned to her care. A hearing was held August 20 and 21. The juvenile court determined N.B. should be placed at a Psychiatric Mental Institute for Children (PMIC). The court found this was in his best interests " due to the history of the need for psychological assistance, and the questions remaining about the suitability of the home safety and environment." The court found continued removal from ...


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