IN THE INTEREST OF L.L., Minor Child, K.M., Mother, Appellant.
from the Iowa District Court for Polk County, Romonda D.
Belcher, District Associate Judge.
mother appeals the juvenile court order adjudicating her
child a child in need of assistance. REVERSED AND
Nicholas A. Bailey of Bailey Law Firm, P.L.L.C., Altoona, for
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
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.
mother appeals the adjudication of her child, L.L, as a child
in need of assistance (CINA),  arguing there was not clear and
convincing evidence under Iowa Code section 232.2(6)(c)(2)
Background Facts and Proceedings.
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
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
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
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.