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In re T.B.

Court of Appeals of Iowa

October 24, 2018

IN THE INTEREST OF T.B., Minor Child, M.U., Mother, Appellant.

          Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.

         A mother appeals the district court order placing custody of her child with her biological father.

          John G. Daufeldt of Daufeldt Law Firm, PLC, Conroy, for appellant mother.

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

          Kathryn J. Salazar of Schlegel & Salazar, LLP, Washington, guardian ad litem for minor child.

          Considered by Potterfield, P.J., and Bower and McDonald, JJ.

          POTTERFIELD, Presiding Judge.

         The mother appeals the dispositional review order placing T.B. in the care and custody of her biological father. The mother argues the district court did not have jurisdiction to modify the disposition while an appeal contesting T.B.'s removal was pending.

         I. Background Facts and Proceedings.

         T.B. was adjudicated a child in need of assistance (CINA) in January 2017. The facts of the underlying CINA case are recounted in In re T.B., No. 18-0767, 2018 WL 4929737, at* 1-3 (Iowa Ct. App. Oct. 10, 2018). T.B. and sibling M.M.[1]were removed from their mother's care in March 2018 after the Iowa Department of Human Services (DHS) filed an application for emergency removal. In April, the district court modified the dispositional order, continuing T.B.'s placement outside the home and transferring custody of T.B. to DHS. The mother appealed the modification of the dispositional order. We affirmed the decision of the district court in a decision filed on October 10. During the pendency of the appeal, on August 20, the district court granted the father custody of T.B. Prior to the modification in custody, the father had been exercising "unlimited" parenting time and overnight visitations with T.B.

         The mother appeals the order placing T.B. in her father's custody, arguing the district court lacked jurisdiction to modify the disposition while the appeal was pending.

         II. Standard of Review.

         We review CINA proceedings de novo. In re J.S., 846 N.W.2d 36, 40 (Iowa 2014).

         III. ...


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