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In re S.B.

Court of Appeals of Iowa

September 11, 2019

IN THE INTEREST OF S.B. and R.B., Minor Children, S.B., Father, Appellant, K.B. and R.B., Intervenors, Appellants.

          Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.

         The father and the intervenors separately appeal the permanency-review order returning the children to the care of their mother. AFFIRMED ON BOTH APPEALS.

          Bryan Webber of Carr Law Firm, P.L.C., Des Moines, for appellant father.

          Edward Fishman, Adel, for appellants intervenors.

          Kimberly Graham, Indianola, for appellee mother.

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

          Brent M. Pattison of Drake Legal Clinic, Des Moines, guardian ad litem for minor children.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          Bower, Judge.

         The father and the intervenors, the paternal grandparents, separately appeal the June 28, 2019 permanency-review order in which the juvenile court returned the children-S.B., born in September 2014, and R.B., born in May 2017-to the custody and care of their mother. We affirm on both appeals.

         We review child-in-need-of-assistance (CINA) proceedings de novo. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001). "Although we give weight to the juvenile court's factual findings, we are not bound by them." Id.

         This family came to the attention of the juvenile court in 2017 when the mother and R.B. tested positive for methamphetamine after R.B.'s birth. The mother admitted using methamphetamine and consuming alcohol during her pregnancy. During the course of the following child-abuse assessment, the father tested positive for methamphetamine through a hair-stat drug screen. The family also had a history of involvement with the department of human services (DHS) for domestic violence issues. In July 2017, the mother contacted DHS stating she and the father got into a physical altercation on the evening of July 18, which the paternal grandparents confirmed.

         The children were adjudicated CINA in August 2017, with case plan recommendations to address substance abuse, domestic violence, and the mother's mental-health issues. The children were placed in the custody of DHS and in the care of the paternal grandparents. Family safety, risk, and permanency (FSRP) services were provided to the family. Both parents participated in substance-abuse treatment. The mother participated in individual therapy for anger, ...


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