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In re D.R.

Court of Appeals of Iowa

June 6, 2018

IN THE INTEREST OF D.R. and A.W., Minor Children, A.J., Mother, Appellant.

          Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.

         A mother appeals the order adjudicating her children in need of assistance. AFFIRMED.

          Colin R. McCormack of Van Cleaf & McCormack Law Firm, Des Moines, for appellant mother.

          Thomas 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, JJ.

          VAITHESWARAN, Presiding Judge.

         A mother appeals an order adjudicating her children in need of assistance.

         I. Background Facts and Proceedings

         A 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.

         The 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.[1] The younger child remained with the mother.[2]

         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.

         The 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.

         On appeal, the mother contends (1) the district court unduly delayed a temporary removal hearing and (2) the record lacks clear and ...


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