In the Interest of K.H. and T.H., Minor Children, K.H., Father, 17-0356

Father and mother divorced; father had physical care of two younger children (T.H., 13; K.H., 12) per dissolution decree, but mother assumed care in July 2016 after abuse allegations.
Older sibling B.H. (19) was accused of sexually abusing K.H.; K.H. reported specific incidents; T.H. reported attempts by B.H. to pull down her pants and force her into his bedroom beginning around age eight.
Both children were interviewed at a Child Advocacy Center in July 2016 and stated they had told the father about the incidents; they said the father did not meaningfully intervene.
A CINA petition was filed September 14, 2016; adjudication hearing held December 20, 2016; juvenile court adjudicated both children CINA under Iowa Code § 232.2(6)(d) on December 28, 2016.
Father appealed as to T.H., arguing T.H. did not report actual sexual abuse by B.H. and disputing that the children told him or that he failed to act; father conceded only that inappropriate contact "probably occurred."
The juvenile court found the children’s interview statements credible, found clear-and-convincing evidence of sexual abuse (or imminent likelihood), and concluded the father’s failure to intervene created a risk to T.H.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether T.H. may be adjudicated CINA under §232.2(6)(d) for sexual abuse when she did not report completed abuse	State: §232.2(6)(d) covers children who have been or are imminently likely to be sexually abused; imminent likelihood suffices for adjudication	Father: T.H. did not report sexual abuse; he disputes that he had knowledge and therefore disputes failure to act	Affirmed: Court held imminent likelihood to be abused supported adjudication; record shows father knew or was told and did not prevent abuse
Credibility of children’s statements and whether father was informed	State: Children credibly reported incidents and said they told father; court should credit these interviews	Father: Denied that children told him about sexual conduct; suggested children fabricated or described only bullying	Juvenile court credibility findings were given weight on appeal; appellate court upheld those findings
Whether father’s failure or reluctance to acknowledge abuse affects future risk	State: Father’s hesitancy to accept truth of abuse indicates inability/willingness to protect children	Father: Argued he would have acted and disputes extent of knowledge	Held: Father’s reluctance increased concern about preventing future abuse; supports finding of imminent likelihood

In re D.D., 653 N.W.2d 359 (Iowa 2002) (definition of CINA includes children imminently likely to be sexually abused)
In re J.S., 846 N.W.2d 36 (Iowa 2014) (children’s best interests guide CINA review and de novo appellate standard)