In the Interest of A.S., A.S., and D.S., Minor Children
This text of In the Interest of A.S., A.S., and D.S., Minor Children (In the Interest of A.S., A.S., and D.S., Minor Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF APPEALS OF IOWA
No. 21-0598 Filed June 30, 2021
IN THE INTEREST OF A.S., A.S. and D.S., Minor Children,
D.S., Father, Appellant, ________________________________________________________________
Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas,
District Associate Judge.
A father appeals the juvenile court’s order regarding permanency review
and removal. AFFIRMED.
Jared Weber, Orange City, for appellant father.
Thomas J. Miller, Attorney General and Mary A. Triick, Assistant Attorney
General, for appellee State.
Kelsey Bauerly Langel of Bauerly & Langel, P.L.C., Le Mars, attorney and
guardian ad litem for minor children.
Considered by Doyle, P.J., and Tabor and Mullins, JJ. 2
MULLINS, Judge.
A father appeals the juvenile court’s order regarding permanency review
and removal, alleging the district court erred in (1) not forcing a child to appear in
violation of Iowa Code section 232.91 (2020) and (2) finding clear and convincing
evidence of imminent harm leading to removal. “We generally review [child-in-
need-of-assistance] proceedings and termination of parental rights proceedings de
novo.” In re J.C., 857 N.W.2d 495, 500 (Iowa 2014).
Petitions on appeal must “substantially comply with form 5 in rule 6.1401.”
Iowa R. App. P. 6.201(1)(d). Rule 6.1401–Form 5 specifically directs the petition
on appeal to “include supporting legal authority for each issue raised, including
authority contrary to [the] case, if known.” Accord Iowa R. App. P. 6.903(2)(g)(3)
(requiring arguments in briefs to contain reasoning, citations to authorities, and
references to pertinent parts of the record). The petition on appeal raises two
issues, and each issue cites one code section the father alleges was violated. The
father cites no case law or other legal authority. In the course of the “findings of
fact or conclusions of law with which you disagree” sections of his petition he cites
to no supporting legal authority for any part of his arguments.
On the first issue, he complains the children were not forced to appear in
violation of Iowa Code section 232.91. His argument focuses on his right under
section 232.91 to have them appear. He cites no authority in support of his
apparent claim that section affords him such a right. Thus, he has waived that
issue. See Iowa Rs. App. P. 6.201(1)(d), .903(2)(g)(3), .1401–Form 5.
On the second issue, other than the bare citation to section 232.95, he cites
no legal authority in support of the arguments he asserts concerning burden of 3
proof or imminent risk of physical harm.1 We find the father has waived this issue
as well. See Iowa R. App. P. 6.201(1)(d), .903(2)(g)(3), .1401–Form 5.
We affirm.
AFFIRMED.
1In comparison, the State’s response to the petition cites case law and statutes in support of its response.
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