Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re L.L.

Court of Appeals of Iowa

July 5, 2018

IN THE INTEREST OF L.L., Minor Child, K.M., Mother, Appellant.

          Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.

         A mother appeals the juvenile court order adjudicating her child a child in need of assistance. REVERSED AND REMANDED.

          Nicholas A. Bailey of Bailey Law Firm, P.L.L.C., Altoona, for appellant mother.

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

          Karl Wolle of Juvenile Public Defender's Office, Des Moines, guardian ad litem for minor child.

          Considered by Potterfield, P.J., and Doyle and Tabor, JJ.

          POTTERFIELD, PRESIDING JUDGE.

         A mother appeals the adjudication of her child, L.L, as a child in need of assistance (CINA), [1] arguing there was not clear and convincing evidence under Iowa Code section 232.2(6)(c)(2) (2018).

         I. Background Facts and Proceedings.

         L.L. was born in February 2018. Several tests have been completed to determine whether the mother used methamphetamine around the time of L.L.'s birth. The day before the mother gave birth, she was ordered to take a drug test by her parole officer. The initial test was positive for methamphetamine but was not tested further. The mother then took another test at a treatment facility, which was negative. The day the mother gave birth to L.L., she took two urine drug tests which screened positive for methamphetamine. The drug test she took at 5:25 a.m. was not confirmed as positive. A later drug test, taken at 1:08 p.m., was confirmed as positive for methamphetamine. While the mother claims the later test was a false positive because of other medications she was taking, the laboratory manager testified the confirmation test would not have resulted in a false positive for that drug. L.L.'s umbilical cord blood tested negative for drugs, and a hair-stat test following removal was negative for drugs. Drug tests taken by the mother the following week were negative for drugs. All subsequent drug tests have been negative.

         The juvenile court allowed L.L. to go home with the mother after birth under a DHS safety plan requiring the mother to live with the maternal grandmother. But six days after birth, the juvenile court removed the child from the mother based on the previous positive drug test. During a removal hearing on February 14, the juvenile court confirmed removal. In March, a contested adjudication hearing was held. The juvenile court adjudicated L.L. a CINA but permitted the child to live with the mother and maternal grandmother. The juvenile court found:

Mother has re-engaged in treatment since child's [early] February . . . 2018 birth and is actively engaged. Mother has attended 16 sessions since engaging in individual therapy since October 2017. Mother currently has daily supervised contact with the child and is breast feeding. There have been no concerns during those visits supervised by [the family safety, risk, and permanency services provider] or the custodian. All of the mother's subsequent urine drug screens provided to House of Mercy or parole have been negative.

         Disposition was entered in April. At the time of disposition, L.L. had been living with the mother and maternal grandmother for over a month. There had been no concerns regarding the care the mother was providing L.L. The court continued placement of the child with the mother.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.