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IN THE SUPREME COURT OF IOWA
No. 66 / 04-1114 Filed July 14, 2006 ROBERT JAMES GRANT, Appellant, vs. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee. ________________________________________________________________________ Appeal from the Iowa District Court for Clinton County, Mark J. Smith, Judge.

Appeal from district court judgment affirming dismissal of administrative agency appeal on grounds of issue preclusion.

REVERSED AND REMANDED.

Natalie

Hope

Cronk

of

Johnston

&

Nathanson,

P.L.C.,

Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, and Tabitha Gardner, Assistant Attorney General, for appellee.

2 CADY, Justice. This appeal is from a district court's ruling on a petition for judicial review of an administrative agency decision. The Iowa Department of

Human Services dismissed an application to correct a child abuse report on grounds of issue preclusion. The district court affirmed. Upon our review, we reverse the district court judgment and remand for further proceedings. I. Background Facts and Proceedings

Robert Grant and Linda Jensen had a tumultuous, rollercoaster relationship. They were married in 1991, followed by periodic episodes of discontent and reconciliation. In November 2000, Robert filed for divorce for the second time, and a custody battle ensued over their two sons, Robert Jr. and Samuel. Robert Jr., known as Bo, was born in 1995. He has Down syndrome.

Samuel, known as Sam, was born in 1997.

The dissolution trial was eventually scheduled for July 2002. In August 2001, during the pendency of the dissolution, Linda filed a petition for relief from domestic abuse in district court. Linda and

Robert entered into a consent agreement resulting in a protective order entered by the district court that granted Linda temporary custody of Bo and Sam, with visitation on alternating weekends to Robert. The

visitation exchange was set up to take place at a police station, and Robert exercised his visitation at a local motel. Following a weekend visit in October 2001, Bo reported that Robert became angry after Bo and Sam started to argue. Robert responded by grabbing Bo by the shoulder and throwing a toy truck that struck Sam on the head. Bo also reported that Robert kicked him in the groin after he objected to his father's behavior. The incident was subsequently

3 reported to the state Department of Human Services (DHS). The DHS promptly conducted a comprehensive investigation and assessment. The DHS filed a founded assessment report on November 8, 2001. The child protection worker who conducted the investigation prepared the report that determined the incident met the definition of child abuse based on Robert's failure to provide proper supervision of children under his care. 1 The report indicated Robert denied the incident occurred, and
1Iowa

Code section 232.68(2)(d) defines "child abuse," in part, to include

[t]he failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's health and welfare when financially able to do so or when offered financial or other reasonable means to do so. Iowa Code

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