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In re B.N.

Court of Appeals of Iowa

November 26, 2014

IN THE INTEREST OF B.N., Minor Child, S.N., Father, Appellant

Editorial Note:

This decision is published in table format in the North Western Reporter.

Appeal fro the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge. The father and the child's guardian ad litem appeal from the permanency order placing the child with the child's mother.

Patrick C. Peters of Payer, Hunziker, Rhodes & Peters, L.L.P., Ames, for appellant father.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Stephen Holmes, County Attorney, and Jesse Ramirez, Assistant County Attorney, for appellee.

Matthew Mauk, Ames, for mother.

Shannon M. Leighty, Assistant Public Defender, attorney and guardian ad litem for appellant minor child.

Considered by Mullins, P.J., and Bower and McDonald, JJ.

OPINION

MCDONALD, J.

The father, Shane, and the guardian ad litem appeal from the permanency order placing Shane's child, B.N., in the care of Abbey, the child's mother, under the protective supervision of the Iowa Department of Human Services (hereinafter " IDHS" ). They contend the court erred (1) in finding the child's " home," within the meaning of Iowa Code section 232.104(2)(a), was Abbey's residence, and (2) in finding the child could not be returned to Shane's residence.

I.

B.N. was born in 2007 to Shane and Abbey, who were not married. In November 2007, a consent decree was entered providing for joint legal and physical custody of the child. Although the decree provided for joint physical custody of B.N., Abbey had almost no contact with the child, and Shane assumed the role of primary physical custodian. From the time of the child's birth both parents struggled with substance abuse issues.

In May 2013, the family came to the attention of IDHS after Shane assaulted his mother, with whom he and B.N. were living. An investigation led to the filing of a child-in-need-of-assistance (CINA) petition in August. On September 17, at the request of IDHS prior to any court-ordered placement, Shane placed the child with Abbey, who was then residing in a residential substance abuse facility. On September 25, the court entered a stipulated adjudication order adjudicating B.N. in need of assistance under Iowa Code section 232.2(6)(c)(2) (2013). " Pending the dispositional hearing, [the court ordered that] the custody of the child in interest shall remain with the child mother under the protective supervision" of the department.[1] The November 6 dispositional order placed the child in his mother's custody under the supervision of IDHS. The April 3, 2014 dispositional review order provided that custody remain with the mother under IDHS supervision.

In May 2014, Abbey completed residential substance abuse treatment, and she and B.N. moved in with Abbey's mother, B.N.'s maternal grandmother. In June 2014, Shane completed substance abuse treatment. On August 5, Shane moved to modify placement of B.N., seeking the return of B.N. to his care and custody. Shane also ...


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