In re K.s.-T.

4 Citing cases

  1. In re D.A.

    958 N.W.2d 237 (Iowa Ct. App. 2021)

    And panels of this court have concluded it is unnecessary to show a material and substantial change in circumstances because section 232.103 does not require it. See, e.g. , In re C.P. , No. 16-1459, 2016 WL 6269941, at *3 (Iowa Ct. App. Oct. 26, 2016) ; In re K.S.-T. , No. 14-0979, 2014 WL 5865081, at *4 (Iowa Ct. App. Nov. 13, 2014). Under section 232.103(4) :

  2. In re T.I.

    No. 18-0921 (Iowa Ct. App. Sep. 12, 2018)

    However, we note more recent case law has called this standard into question. See In re M.M., No. 16-0548, 2016 WL 4036246, at *3-4 (Iowa Ct. App. July 27, 2016) (questioning the rule requiring a material and substantial change in circumstances before modifying the custody provision of a prior dispositional order in a CINA action because such a showing is not mandated by statute); see also In re C.P., No. 16-1459, 2016 WL 6269941, at *3 (Iowa Ct. App. Oct. 26, 2016) (Mullins, J., concurring specially) (noting it is unnecessary to find a material and substantial change in circumstances and stating satisfaction of 232.103(4) is "required to modify the dispositional order"); In re K.S.-T., No. 14-0979, 2014 WL 5865081, at *4 (Iowa Ct. App. Nov. 13, 2014) (noting that a showingof a change in circumstances "is not statutorily mandated"); In re V.B., No. 14-0315, 2014 WL 2600318, at *4 n.3 (Iowa Ct. App. June 11, 2014).

  3. In re A.J.

    No. 16-1954 (Iowa Ct. App. Apr. 5, 2017)

    However, we note more recent case law has called this standard into question. See In re M.M., No. 16-0548, 2016 WL 4036246, at *3-4 (Iowa Ct. App. July 27, 2016) (questioning the rule requiring a material and substantial change in circumstances before modifying the custody provision of a prior dispositional order in a CINA action because such a showing is not mandated by statute); see also In re C.P., No. 16-1459, 2016 WL 6269941, at *3 (Iowa Ct. App. Oct. 26, 2016) (Mullins, J., concurring specially) (noting it is unnecessary to find a material and substantial change in circumstances and stating satisfaction of 232.103(4) is "required to modify the dispositional order"); In re K.S.-T., No. 14-0979, 2014 WL 5865081, at *4 (Iowa Ct. App. Nov. 13, 2014) (noting that a showing of a change in circumstances "is not statutorily mandated"); In re V.B., No. 14-0315, 2014 WL 2600318, at *4 n.3 (Iowa Ct. App. June 11, 2014). Although In re M.M. is not a published opinion of this court, we adopt the analysis of that opinion, see 2016 WL 4036246, at *3-4, and agree with its conclusion:

  4. In re M.M.

    No. 16-0548 (Iowa Ct. App. Jul. 27, 2016)

    Neither provision requires the juvenile court to find a substantial change in circumstances as a prerequisite to modification. See In re K.S.-T., No. 14-0979, 2014 WL 5865081, at *4 (Iowa Ct. App. Nov. 13, 2014) (noting that a showing of a change in circumstances "is not statutorily mandated"); In re V.B., No. 14-0315, 2014 WL 2600318, at *4 n.3 (Iowa Ct. App. June 11, 2014) ("However, since Leehey, our juvenile code has evolved. . . . To impose the additional requirement of showing a substantial change of circumstances, where our legislature has made provisions for permanency and created a two step process to modify a dispositional order to remove a child from a parent's care and transfer custody to DHS, is overly burdensome.").