from the Iowa District Court for Sioux County, Jeffrey L.
appellant seeks review of the finding he committed child
abuse and the placement of his name on the child abuse
Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey &
Daane, Sioux City, for appellant.
J. Miller, Attorney General, and David M. Van Compernolle,
Assistant Attorney General, for appellee State.
Considered by Mullins, P.J., McDonald, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
appeals from the district court decision upholding a ruling
entered by the Iowa Department of Human Services (DHS)
finding Doe committed child abuse and placing his name on the
Iowa Child Abuse Registry.
Facts and Proceedings
came to the attention of the DHS when a fourteen-year-old
child claimed Doe had sexually abused her in December 2013.
During an interview with a DHS child protective worker, the
child reported two separate incidents of inappropriate
contact between herself and Doe. The first occurred outside
of the United States. During that incident, the child was
operating a four-wheel vehicle when Doe-who was sitting
behind her-stated she had nice breasts, pressed his private
part against her back or buttocks, and touched her breasts.
Both were fully clothed at the time. During the second
instance, which occurred in Iowa, Doe chased the child to a
bed, held her down, and tried to separate her legs. During a
forensic interview, the child substantiated what she had told
the DHS worker but added that Doe asked her to touch his
"private part" during one of the events. Doe denied
any sexual abuse had occurred.
December 16, 2014, the DHS issued a child protective
assessment summary confirming that Doe had committed sexual
abuse in the third degree, and it placed Doe's name on
the child abuse registry. At the DHS worker's request,
the State filed a child in need of assistance (CINA) petition
based on the allegations of sexual abuse by Doe and her
mother's failure to protect the child. The parties
stipulated to the CINA adjudication at the February 6, 2015
February 7, 2015, Doe appealed the DHS's finding he
committed child abuse and the placement of his name on the
child abuse registry. The DHS later changed the child
protective service assessment summary to confirm Doe
committed sexual abuse, lascivious acts with a child, but
listed the allegation of third-degree sexual abuse as
"not confirmed." Based on the finding Doe committed
sexual abuse, lascivious acts with a child, Doe's name
remained on the child abuse registry.
administrative law judge (ALJ) heard Doe's appeal of the
DHS action on July 7, 2015. In the proposed decision, the ALJ
affirmed the placement of Doe's name on the child abuse
registry. Doe requested a review, and on review, the DHS
adopted the ALJ's proposed decision.
filed a petition for judicial review, and the district court
affirmed the decision of the DHS. Doe has appealed
contending: (1) the DHS lacks subject matter jurisdiction to
investigate the incident that occurred outside the country,
(2) there is insufficient evidence to support the finding
that Doe was the child's caretaker at the time of either
of the alleged incidents, and (3) there is insufficient
evidence to support the finding that Doe committed sexual