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In the Interest of C.B., and S.B., Minor Children, D.B., Father
16-1478
| Iowa Ct. App. | Nov 9, 2016
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Background

  • Father appealed adjudication and disposition finding two daughters (ages 16 and 6) to be children in need of assistance under Iowa Code § 232.2(6)(c)(2) and (d).
  • Older daughter C.B. testified the father began inappropriate touching in seventh grade and that sexual intercourse began on her 14th birthday and continued multiple times until she reported it.
  • Juvenile court found C.B.’s testimony specific and credible.
  • The State sought adjudication under paragraph (d), which requires proof the children have been or are imminently likely to be sexually abused by the parent.
  • Father challenged sufficiency of evidence supporting adjudication under paragraph (d).
  • On de novo review the Court of Appeals affirmed, concluding clear and convincing evidence supported the adjudication and that abuse of one child creates an imminent risk to siblings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence was sufficient under Iowa Code § 232.2(6)(d) to adjudicate the children as in need of assistance State: C.B.’s detailed, credible testimony that father sexually abused her supports finding the children are imminently likely to be sexually abused by him Father: Challenges sufficiency of evidence to support adjudication under paragraph (d) Affirmed — clear and convincing evidence supports adjudication; abuse of older child establishes imminent risk to sibling

Key Cases Cited

  • In re D.D., 653 N.W.2d 359 (Iowa 2002) (standard of review and clear-and-convincing evidence in CINA proceedings)
  • In re L.G., 532 N.W.2d 478 (Iowa Ct. App. 1995) (de novo review principles and adjudicatory review)
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Case Details

Case Name: In the Interest of C.B., and S.B., Minor Children, D.B., Father
Court Name: Court of Appeals of Iowa
Date Published: Nov 9, 2016
Docket Number: 16-1478
Court Abbreviation: Iowa Ct. App.