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In re C.C.

Court of Appeals of Iowa

January 11, 2017

IN THE INTEREST OF C.C., Minor child, W.C., Mother, Appellant.

         Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.

         A mother appeals the district court's transfer of her child from her care to the custody of the department of human services. AFFIRMED.

          J. David Zimmerman, Clinton, for appellant mother.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Brian P. Donnelly of Mayer, Lonergan & Rolfes, Clinton, guardian ad litem for minor child.

          Neill A. Kroeger, LeClaire, attorney for minor child.

          Considered by Vaitheswaran, P.J., and Potterfield and Bower, JJ.

          VAITHESWARAN, Presiding Judge.

         A mother appeals the district court's modification of a dispositional order, the effect of which was to transfer her child from her care to the custody of the department of human services.

         I. Background Facts and Proceedings

         A thirteen-year-old child who lived with his mother exhibited aggressive and out-of-control behaviors at school and at home. The department determined he was "in need of treatment to cure or alleviate serious mental illness" and the mother was "unwilling to provide such treatment."

         The State filed a child-in-need-of-assistance petition. The child's guardian ad litem found the child "had not been attending school for some time" and "was exhibiting very inappropriate and aggressive behaviors" when he attended school. He also reported that the child might "have a history of being abusive towards his mother."

         The district court adjudicated the child in need of assistance, reasoning the mother needed help in meeting his needs. The court did not remove the child from her custody.

         A month after the adjudication, the guardian ad litem reported "there [was] a significant level of risk involved in the current placement, " given the child's "lack of self-control." Nonetheless, he declined to recommend immediate removal because the mother was complying with services and had executed a voluntary safety plan that required constant supervision of the child. The district court entered ...


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