In the Interest of A.P. and B.P., Minor Children
21-0328
| Iowa Ct. App. | Sep 22, 2021Background:
- DHS became involved July 2020 after a different child in the father’s care suffered life‑threatening injuries; at that time the father had sole custody and the mother had visitation.
- The children were initially placed with a paternal uncle and aunt, then placed with the mother under DHS supervision; in December 2020 the children were adjudicated CINA.
- DHS and the court identified ongoing safety concerns in the mother’s home: mother smoking marijuana around the children, lack of supervision, sexualized behavior and exposure to pornography, unknown men in the home, school attendance problems, and aggressive behavior by B.P. (including setting a pillow on fire).
- Services (parenting plan, BHIS, solution‑based casework, therapy, safety planning, play therapy, anger management, relative placement) were provided over several months but problems persisted and new assessments were opened.
- In February 2021 the juvenile court removed the children from the mother’s custody and placed them with the paternal aunt and uncle; the mother appealed the dispositional order, challenging removal and the sufficiency of DHS’s reunification efforts.
- On de novo review the appellate court affirmed: removal was appropriate given safety risks, and DHS had made reasonable efforts toward reunification.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Removal from mother’s custody | Mother: children could be safely maintained in home with services; removal was not appropriate | State/DHS: ongoing founded assessments and continuing safety risks (drug exposure, supervision, sexualized behavior, exposure to pornography, fire risk) justified removal | Affirmed — removal appropriate; children could not be safely maintained in mother’s care |
| Reasonable efforts to reunify | Mother: DHS delayed or only intensified services after deciding removal; services should have been provided first | State/DHS: DHS initiated multiple services immediately after July 2020, and continued varied interventions while monitoring safety | Affirmed — DHS made reasonable efforts to reunify at this stage of proceedings |
Key Cases Cited
- In re J.S., 846 N.W.2d 36 (Iowa 2014) (standard of de novo review in CINA proceedings and primary concern is child’s best interests)
- In re L.T., 924 N.W.2d 521 (Iowa 2019) (reasonable‑efforts requirement to preserve family unit and eliminate need for removal)
