Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Iowa » Court of Appeals » 2006 » IN THE INTEREST OF T.D., Minor child, W.L.C., Mother, Appellant.
IN THE INTEREST OF T.D., Minor child, W.L.C., Mother, Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 6-996 / 06-1758
Case Date: 12/28/2006
Preview:IN THE COURT OF APPEALS OF IOWA No. 6-996 / 06-1758 Filed December 28, 2006

IN THE INTEREST OF T.D., Minor child, W.L.C., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge.

A mother appeals a juvenile court review order and an order regarding certain photographs. AFFIRMED.

Jesse A. Macro, Jr., Des Moines, for appellant. Judd Kruse, Boone, for appellee father. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, John P. Sarcone, County Attorney, and Annette Taylor, Assistant County Attorney, for appellee State. Kathryn Miller, Juvenile Public Defender, Des Moines, for child.

Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.

2 VAITHESWARAN, J. W.L.C. appeals (1) a juvenile court review order continuing placement of her daughter with the child's father and (2) an order requiring her attorney to give the court certain photographs of the child that W.L.C. subpoenaed from a physician. Our review of both orders is de novo. I. Review Order. T.D. was adjudicated a child in need of assistance based on her mother's efforts to document sexual abuse by the child's father. remained in her mother's care following the adjudication. T.D.

In April 2006, the

juvenile court modified the placement order and transferred care of T.D. to her father. This action was based on W.L.C.'s decision to videotape the child's

genitalia. W.L.C. appealed that order and our court, in a lengthy split decision, affirmed. In re T.D., No. 06-0765 (Iowa Ct. App. Oct. 25, 2006). We will not again summarize the extensive evidence presented to the court at and before the placement modification hearing. As the juvenile court correctly noted, only evidence adduced after the date of that hearing was relevant at the review hearing. See In re Welcher, 243 N.W.2d 841, 844 (Iowa 1976) ("[A] review hearing should never be, as it developed here, a readjudication of the original neglect. If it were, a parent might never recover his or her child."). The sole question at a review hearing is "whether there has been a change of circumstances since the original hearing which would warrant returning the child to the parent." Id. The burden is on the parent to prove this change of circumstances, but the level of proof is only by a preponderance of the evidence. Id. See also Iowa Code
Download IN THE INTEREST OF T.D., Minor child, W.L.C., Mother, Appellant..pdf

Iowa Law

Iowa State Laws
    > Iowa Gun Laws
    > Iowa Statutes
Iowa Tax
    > Iowa State Tax
Iowa Court
    > Iowa Courts
Iowa Labor Laws
Iowa Agencies

Comments

Tips