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In re S.S.

Court of Appeals of Iowa

December 6, 2017

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

         Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.

         A father appeals from the order adjudicating his child a child in need of assistance. AFFIRMED.

          Robb D. Goedicke of CGR & R Law Firm, P.C., West Des Moines, for appellant father.

          Jami J. Hagemeier of Williams & Hagemeier, P.L.C., Des Moines, for mother.

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

          Nicole Garbis Nolan of Youth Law Center, Des Moines, guardian ad litem for minor child.

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

          VOGEL, PRESIDING JUDGE.

         I. Background Facts and Proceedings

         S.S., born November 2000, came to the attention of the Iowa Department of Human Services (DHS) in March 2017, upon allegations the father sexually abused her. Specifically, the DHS was alerted the father found naked photos of S.S. on her cell phone and forced her to perform various sex acts. The father admitted to finding photos of S.S. and to still possessing the photos on his phone. He denied S.S.'s allegations of sexual abuse.

         On April 3, 2017, an order confirming S.S.'s March 24 removal was issued by the juvenile court. The court placed S.S. in her mother's care with services from the DHS.[1] In April 2017, the caseworker conducted interviews with the father, the father's family, and staff from S.S.'s school. S.S.'s brother stated S.S. took photos of herself and stole things. The school staff member stated S.S. is honest about her behavior, whether good or bad, and the father kept S.S. isolated. The father refused to meet face-to-face with the DHS worker but during a phone interview, the father stated he never touched S.S. and knew S.S. was sexually active.

         Following a contested adjudicatory hearing, on July 8, the juvenile court adjudicated S.S. in need of assistance under Iowa Code section 232.2(6)(c)(2) and (d) (2017). The dispositional order of August 16 ordered "the temporary legal custody of the child remains with her mother, under the supervision of the [DHS]."

         The father appeals.

         II. ...


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