IN THE INTEREST OF B.B. and E.B., Minor Children, S.B., Father, Appellant.
from the Iowa District Court for Page County, Amy L.
Zacharias, District Associate Judge.
father appeals the juvenile court order adjudicating two
children in need of assistance.
M. Dale, Council Bluffs, for appellant father.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
R. Danley, Sidney, guardian ad litem for minor children.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
father, Seth, appeals a juvenile court order adjudicating two
of his children, E.B. and B.B., in need of assistance, under
Iowa Code section 232.2(6)(b) (2017). He contends the State
did not present clear and convincing evidence he engaged in
physical abuse or neglect or was imminently likely to do so.
He also argues continued adjudication is not in the
children's best interests. We find adjudication is
supported as to his son B.B. but not his daughter
Therefore, we affirm in part and remand in part.
Facts and Prior Proceedings
family came under the court's jurisdiction in November
2017 when the Iowa Department of Human Services (DHS)
concluded a founded child-abuse assessment against Seth for
physical abuse of thirteen-year-old B.B. The teenager has a
history of severe behavioral problems. He attends an
alternative school and has an individualized education
program. The record contains numerous reports of B.B.'s
threatening and aggressive behaviors in school. B.B. attends
counseling for a host of mental-health diagnoses, including
disruptive mood dysregulation disorder, oppositional defiant
disorder, and attention deficit disorder.
November 8, 2017, Seth "grounded" B.B. and told him
to stay in his bedroom, but B.B. would not cooperate. After
B.B. came into the living room, Seth returned his son to the
bedroom and "hog-tied" his hands and feet behind
his back with a cord. When B.B. slipped from the restraints,
Seth dragged B.B. by the arm through the house back to his
bedroom. The struggle left a four-inch-square scrape on
B.B.'s back. B.B. also alleged when he grabbed a
doorframe, Seth punched him in the chest. No visible injury
resulted from the alleged punch. Two of Seth's other
children-nine-year-old E.B. and seventeen-year-old T.B-were
home at the time. Seth's two eldest children were over
eighteen years of age.
the abuse assessment, a child protective services worker
interviewed E.B., who was in fifth grade. She recalled Seth
and B.B. were "flailing around" until Seth grabbed
B.B.'s arm and dragged him back to his room. She did not
see her brother tied up. She said her parents discipline her
by sending her to her room as well, but B.B. refuses to
record shows Seth has physical limitations from a severe
whiplash injury that ruptured a disk and permanently damaged
his spinal cord. He walks with the assistance of a cane. Seth
also takes medication for his diagnosed anxiety disorder and
depression and has been seeing a mental-health counselor.
the early November events, the juvenile court removed B.B.
and E.B. from Seth's care and placed them with their
mother, who subsequently filed for divorce from Seth. On
February 11, 2018, the juvenile court adjudicated B.B. and
E.B. as CINA, finding the November 8 incident to be physical
abuse. The court decided Seth and B.B. needed to engage in
family therapy. The court also ordered Seth to obtain a
mental-health evaluation and follow all recommendations of
the provider. It ...