IN THE INTEREST OF T.B., Minor Child, M.U., Mother, Appellant.
from the Iowa District Court for Washington County, Daniel P.
Kitchen, District Associate Judge.
mother appeals the district court order placing custody of
her child with her biological father.
G. Daufeldt of Daufeldt Law Firm, PLC, Conroy, for appellant
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.
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
Background Facts and Proceedings.
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.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.
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.
Standard of Review.
review CINA proceedings de novo. In re J.S., 846
N.W.2d 36, 40 (Iowa 2014).