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