In the Interest of L.H., 904 N.W.2d 145

Background

L.H. (age 2) lives with his mother Danielle and spends most weekends with his mother's partner, Ryan; Ryan is later confirmed as L.H.’s biological father.
In June 2016 Ryan assaulted A.D. (Danielle’s older child) by grabbing his neck and slamming him, resulting in a subdural hematoma; DHS substantiated that abuse with Ryan as perpetrator.
DHS’ investigation revealed a pattern of domestic violence by Ryan (including hospital-treated injuries to Danielle and protective orders from prior partners) and reports that Ryan previously grabbed A.D. by the neck.
Both Ryan and Danielle were uncooperative with DHS: Ryan refused interviews, social-history participation, paternity testing (until court-ordered), and services; Danielle minimized incidents and continued weekend residence with Ryan.
Juvenile court adjudicated L.H. a Child in Need of Assistance (CINA) under Iowa Code §§ 232.2(6)(g) and 232.2(6)(c)(2); the court of appeals reversed, finding insufficient evidence of imminent risk to L.H.
The Iowa Supreme Court granted further review and, on de novo review, vacated the court of appeals and affirmed the juvenile court CINA adjudication.

Issues

Issue	Plaintiff's Argument (State/Guardian)	Defendant's Argument (Ryan)	Held
Whether Ryan is "imminently likely" to physically abuse L.H. under Iowa Code § 232.2(6)(g)	Ryan’s documented history of domestic violence and a founded assault on A.D., plus continued contact and lack of protective measures, make abuse of L.H. imminently likely	No evidence Ryan abused L.H. or that L.H. witnessed abuse; risk to L.H. is speculative	Affirmed: clear and convincing evidence that Ryan is imminently likely to abuse L.H. due to pattern of violence and parental conduct
Whether L.H. is imminently likely to suffer harmful effects from lack of reasonable supervision under § 232.2(6)(c)(2)	Danielle’s continued relationship and weekend residence with Ryan, combined with both parents’ refusal to cooperate with DHS, make harmful effects to L.H. imminent	Placement primarily with mother and weekend residence do not show imminent harm; protective measures purportedly in place	Affirmed: clear and convincing evidence L.H. is imminently likely to suffer harmful effects from exposure to Ryan’s domestic violence and lack of supervision
Whether CINA standard requires abuse to be "on the verge" of occurring	State: CINA statutes are preventative; “imminently likely” is liberally interpreted and need not be on the verge of happening	Ryan: insists absence of direct abuse or witnessing requires reversal	Court: Adheres to precedent that "imminently likely" is liberally read; prior abuse to household members can place other children at imminent risk
Whether multiplicity of residences or nonprimary residence defeats CINA adjudication	State: biological parent’s status and regular contact suffice for CINA concerns despite multiple residences	Ryan: argues L.H. did not reside with him so CINA finding improper	Court: Biological parent status and demonstrated risk make residency argument inconsequential; need not address further

Key Cases Cited

In re J.S., 846 N.W.2d 36 (Iowa 2014) (defines and explains liberal construction of “imminently likely” in CINA context)
In re D.D., 653 N.W.2d 359 (Iowa 2002) (sibling sexual abuse supports CINA adjudication for other children in household)
In re A.M.H., 516 N.W.2d 867 (Iowa 1994) (pattern of abuse by caregivers justified CINA adjudication)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (standard for clear and convincing evidence)
In re C.B., 611 N.W.2d 489 (Iowa 2000) (discusses proof standard and appellate review)
State v. Shanahan, 712 N.W.2d 121 (Iowa 2006) (definitions of “imminent” adopted for related contexts)
State v. Lane, 743 N.W.2d 178 (Iowa 2007) (uses "imminent" in criminal/self-defense context)
In re J.E., 723 N.W.2d 793 (Iowa 2006) (parent’s past performance indicates future care capability)
In re C.H., 652 N.W.2d 144 (Iowa 2002) (parent’s failure to address role in abuse impacts custody and permanency)
In re L.L., 459 N.W.2d 489 (Iowa 1990) (child protection statutes are preventative and need not await harm)