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In re M.R.

Court of Appeals of Iowa

August 15, 2018

IN THE INTEREST OF M.R., Minor Child, M.R., Appellant.

          Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.

         The minor child appeals from a provision of the dispositional order in this child-in-need-of-assistance proceeding.

          Jane M. White of Jane White Law Office, Des Moines, for appellant child.

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

          Kimberly S. Ayotte of Youth Law Center, Des Moines, guardian ad litem for minor child.

          Sarah E. Dewein of Cunningham & Kelso, PLLC, Urbandale, for custodian/guardian.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          DANILSON, CHIEF JUDGE

         The minor child appeals from a provision of the dispositional order in this child-in-need-of-assistance (CINA) proceeding. He challenges the requirement that he "participate in and complete a second psychosexual evaluation."

         The fifteen-year-old child, M.R., came to the attention of the department of human services (DHS) in October 2017 when his cousin/adoptive sister reported he had sexual contact with her.[1] M.R. was removed from the family home and, after several continuances, an adjudication hearing was held on February 8 and March 12, 2018.

         On March 14, the juvenile court entered a CINA adjudication order, which states in part:

The court makes the following specific findings of fact: [M.R.] on or about 2017 sexually abused S.G. (age 7) by touching her genital area under her clothing with his hand and placing his penis in her mouth. This occurred in the family home. The court finds the testimony of [child abuse investigator] Susan McManigal credible on this issue [as] well as [the abuse investigation report] entered into evidence.

         The court also found that P.G.'s husband, M.G., had sexually abused S.G. while residing in the family home with M.R. and S.G.[2] On April 10, the court ordered M.R. to participate in a psychosexual evaluation before the dispositional hearing. The order entered also granted M.R.'s application for an expert chosen by M.R. and M.R.'s counsel, Dr. Kirk Witherspoon.

         On May 11, the dispositional hearing was held, at which a psychosexual evaluation report was admitted into evidence, which was prepared by Dr. Witherspoon, a clinical and forensic psychologist. While the State did not object to ...


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