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In re I.B.

Court of Appeals of Iowa

November 22, 2017

IN THE INTEREST OF I.B., D.J., S.B., and A.S., Minor Children, M.B., Mother, Appellant.

         Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.

         A mother appeals the adjudication of her children as children in need of assistance following a dispositional hearing. AFFIRMED.

          Danielle M. DeBower of Eggert, Erb, Mulcahy & Kuehner, P.L.L.C., Charles City, for appellant mother.

          Thomas J. Miller, Attorney General, and Ana Dixit, Assistant Attorney General, for appellee State.

          David A. Grooters of Pappajohn, Shriver, Eide & Nielsen, P.C., Mason City, guardian ad litem for minor children.

          Considered by Vogel, P.J., and Tabor and Bower, JJ.

          VOGEL, PRESIDING JUDGE.

         The mother appeals the dispositional order of the district court confirming her four children's adjudication as children in need of assistance (CINA). We conclude the evidence establishes the district court properly found the children to be CINA given the mother's long addiction to methamphetamine, erratic behavior, mental-health issues, and refusal to cooperate with services.

         I. Background Facts and Proceedings

         I.B., born 2005; D.J., born 2007; S.V., born 2012; and A.S., born 2013, came to the attention of the Iowa Department of Human Services (DHS) in April 2017, upon allegations the mother failed to exercise a reasonable degree of care in supervising the children. Specifically, the DHS, alerted by child protection workers, was concerned the mother was using methamphetamine while the four children were in her care and while pregnant with another child. The mother admitted to using methamphetamine daily. After the DHS assessed the situation, the mother became aggravated and impatient with the DHS review process. The mother indicated she would agree to removal to her parents so the State would not have an open juvenile case.

         On April 25, 2017, an order for temporary removal was issued by the district court. Upon receiving the order, the child protection worker notified the children's schools in an effort to hold them at school; however, the mother had picked the children up early, stated they were going "out of state, " and refused to tell the DHS where she or the children were located. On April 27, the mother was located and arrested on four counts of contempt; the children were not with her. On May 1, the children were located at the Mason City Police Department. I.B. indicated they had been with a relative in Lake Mills, for approximately one week and then with a close family friend in Des Moines before receiving word their mother was incarcerated and returning to Mason City.

         On June 14, the State filed an amended petition to adjudicate the four children in need of assistance. Following a contested adjudication hearing, the juvenile court adjudicated the children in need of assistance under Iowa Code section 232.2(6)(c)(2) (2017). The dispositional order of August 9, ordered the children "be in the custody of [DHS] for placement in family foster care and under the supervision of the Department."

         The mother appeals.

         II. ...


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