In the Interest of L.H., Minor Child, R.H., Father, 17-0920

DHS investigated after father allegedly assaulted L.H.’s half‑sibling (A.D.) in June 2016; A.D. sustained a subdural hematoma.
In December 2016 a social worker observed the mother with significant facial bruising and suspected domestic violence in the home.
Father was largely noncooperative with DHS: refused to provide social history, paternity testing, or respond to DHS communications.
Juvenile court adjudicated L.H. a child in need of assistance (CINA) under Iowa Code § 232.2(6)(b) and (c)(2), finding the father had assaulted A.D. and presented unaddressed anger issues creating danger to the children.
On appeal the father challenged whether the State proved by clear and convincing evidence that L.H. was imminently likely to be abused or suffer harm from lack of supervision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State proved by clear and convincing evidence L.H. was imminently likely to be abused/neglected under § 232.2(6)(b)	State: Father’s documented abusive conduct and unaddressed anger created imminent risk to L.H., especially if mother placed child with father	Father: No evidence L.H. was assaulted, witnessed abuse, or currently in father’s care; risk not shown by clear and convincing evidence	Reversed — evidence did not meet clear and convincing standard for imminent harm to L.H.
Whether father’s residence or custody status affected ability to adjudicate L.H. as CINA	State/guardian: Father’s conduct made child at risk irrespective of precise residence facts	Father: Argued child must reside with father for CINA adjudication under statute	Court: Father’s residence was inconsequential on these facts; court declined to decide as a separate issue (not determinative of outcome)

In re K.N., 625 N.W.2d 731 (Iowa 2001) (standard of review for CINA proceedings)
In re D.D., 653 N.W.2d 359 (Iowa 2002) (definition of clear and convincing evidence)
In re W.G., 349 N.W.2d 487 (Iowa 1984) (weight given to juvenile court factfindings and credibility)
In re J.S., 846 N.W.2d 36 (Iowa 2014) (definition of physical abuse/neglect and scope of harm)
In re L.G., 532 N.W.2d 478 (Iowa Ct. App. 1995) (clarification of clear and convincing evidence standard)