In re Interest of J.S.

After the mother of nine-year-old N.S. and five-year-old J.S. admitted to using methamphetamine, the juvenile court filed an order adjudicating N.S. and J.S. children in need of assistance (CINA) under Iowa Code 232.2(6)(a), (b), and (c)(2). A dispositional hearing was subsequently held, and N.S. and J.S. were placed with their paternal grandmother. The court of appeals reversed, concluding that the State failed to meet its burden of proving that the children should be adjudicated CINA under section 232.2(6)(b). The Supreme Court affirmed the decision of the court of appeals and reversed the order of the juvenile court finding N.S. and J.S. to be CINA under section 232.2(6)(b), holding that a parent’s status as a methamphetamine addict, without more, is not sufficient to establish an imminent likelihood of physical injury to a child under the statute. View "In re Interest of J.S." on Justia Law