In re K.P., 22-0382

CourtCourt of Appeals of Iowa
Writing for the CourtVOGEL, SENIOR JUDGE
PartiesIN THE INTEREST OF K.P., Minor Child, S.S., Mother, Appellant.
Docket Number22-0382
Decision Date27 April 2022

IN THE INTEREST OF K.P., Minor Child, S.S., Mother, Appellant.

No. 22-0382

Court of Appeals of Iowa

April 27, 2022


Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.

A mother appeals the juvenile court's denial of her motion for modification of a child-in-need-of-assistance order.

Shannon Leighty of the Public Defender's Office, Nevada, for appellant mother.

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

Kelly Grossman, Nevada, attorney and guardian ad litem for minor child.

Considered by May, P.J., Schumacher, J., and Vogel, S.J. [*]

1

VOGEL, SENIOR JUDGE

The mother of K.P., born in 2005, appeals from the February 14, 2022 juvenile court order, which denied the mother's request for K.P. to be returned to her care.

K.P. was removed from her mother's care on September 8, 2021, on allegations the mother was "leaving her in the home alone, sending her to the store on errands alone, and allowing contact with a registered sex offender." K.P. has special physical and intellectual needs, and she is unable to self-protect. After the removal, K.P. was placed in a foster home, where she has remained.

On October 22, with the mother's stipulation, K.P. was adjudicated a child in need of assistance (CINA) under Iowa Code section 232.2(6)(c)(2) (2021).[1] The adjudication was affirmed in the dispositional order of November 22, and services were continued.

The mother filed a motion for modification on January 27, 2022, requesting K.P. be returned to her care.[2]

2

After a February 14 hearing, the juvenile court found the mother was no closer to the goal of reunification than when the case began, and the court denied the motion.

I. Standard of Review. We review CINA proceedings de novo. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001). "As in all juvenile proceedings, our fundamental concern is the best interests of the child." Id.

II. Modifying a Dispositional Order

The court may modify a dispositional order in a juvenile proceeding if the proof satisfies Iowa Code section 232.103(4), which requires the juvenile court to find all of the following:

a. The purposes of the order have been accomplished and the child is no longer in need of supervision, care, or treatment
b. The purposes of the order cannot reasonably be accomplished
c. The efforts made to effect the purposes of the order have been unsuccessful and other options to effect the purposes of the order are not available.
d. The purposes of the order have been sufficiently accomplished and the continuation of supervision, care, or
...

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