IN THE INTEREST OF D.R. and A.W., Minor Children, A.J., Mother, Appellant.
from the Iowa District Court for Johnson County, Deborah
Farmer Minot, District Associate Judge.
mother appeals the order adjudicating her children in need of
R. McCormack of Van Cleaf & McCormack Law Firm, Des
Moines, for appellant mother.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Anthony A. Haughton of Linn County Advocate, Inc., Cedar
Rapids, guardian ad litem for minor children.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
VAITHESWARAN, Presiding Judge.
mother appeals an order adjudicating her children in need of
Background Facts and Proceedings
mother had a child in 2010, then married a man with whom she
had a second child in 2015. This man-the step-father of the
older child-was investigated by the department of human
services for sexually abusing the older child.
State filed a child-in-need-of-assistance petition based on
findings from the department's preliminary investigation.
The State also filed an application for temporary removal of
the older child from the mother. The district court granted
the application, and the older child was placed with her
biological father. The younger child remained with the
mother waived her statutory right to a temporary removal
hearing within ten days of the removal order. See
Iowa Code § 232.95(1) (2017). She moved to postpone the
hearing; a motion the district court granted. The mother
later revoked her waiver and moved to compel a hearing within
ten days of her revocation. The court denied the motion.
court adjudicated the children in need of assistance
following a combined adjudicatory and removal review hearing.
The older child was subsequently transferred to the mother
for a trial home placement. The placement was successful, and
the district court entered a dispositional order returning
custody of the older child to her mother under the protective
supervision of the department. The court also placed sole
custody of the younger child with the mother under the
protective supervision of the department.
appeal, the mother contends (1) the district court unduly
delayed a temporary removal hearing and (2) the record lacks
clear and ...