IN THE INTEREST OF R.M., Minor Child, J.A.M., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 8-952 / 08-1599
Filed November 26, 2008
IN THE INTEREST OF R.M.,
Minor Child,
J.A.M., Father,
Appellant.
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Appeal from the Iowa District Court for Bremer County, Peter Newell,
District Associate Judge.
R.M.’s father appeals from the juvenile court’s dispositional order placing
R.M. with R.M.’s maternal grandmother. AFFIRMED.
Andrew Abbott of Abbott Law Office, P.C., Waterloo, for appellant father.
Heather Prendergast, Waterloo, for mother.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney
General, Kasey E. Wadding, County Attorney, and Jill Dashner, Assistant County
Attorney, for appellee State.
Kelly Smith, Waterloo, for minor child.
Considered by Huitink, P.J., and Vaitheswaran and Potterfield, JJ.
2
HUITINK, P.J.
R.M.’s father, J.M., appeals from the juvenile court’s dispositional order
placing R.M. with R.M.’s maternal grandmother. We review J.M.’s claims de
novo. In re Marriage of H.G., 601 N.W.2d 84, 85 (Iowa 19990.
The record indicates R.M. was adjudicated a child in need of assistance
(CINA) pursuant to Iowa Code section 232.2(6)(n) (2005) (parent’s mental
capacity (or condition, or drug or alcohol abuse) results in child not receiving
adequate care). The juvenile court declined to place R.M. with J.M. because:
[J.M.] did not, prior to the initiation of the Child in Need of
Assistance proceedings, attempt to establish through a District
Court action custody or visitation with [R.M.]. At the time the Child
in Need of Assistance proceedings were initiated, [J.M.’s]
whereabouts were unknown. [J.M.’s] contact with [R.M.] has been
sporadic and infrequent.
The Department is at this time
endeavoring to establish a relationship between [R.M.] and [J.M.].
Our de novo review of the record discloses abundant evidence supporting the
juvenile court’s findings of fact, and we adopt them as our own. We also note
that J.M. has a significant criminal record, including assault and drug related
convictions. He also has a history of substance abuse, mental health issues,
unemployment, and child abuse.
The record indicates R.M. has resided with his maternal grandmother
since March 2008. The evidence also shows that R.M.’s maternal grandmother
has assisted with R.M.’s primary care needs since he was born. Contrary to
J.M.’s assertion, we find R.M.’s placement with his maternal grandmother is
decidedly in R.M.’s best interests and is the least restrictive placement option
under these circumstances.
AFFIRMED.
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