Opinion
No. 2-477 / 02-0078.
Filed June 19, 2002.
Appeal from the Iowa District Court for Polk County, CONSTANCE COHEN, Associate Juvenile Judge.
A father appeals the decision of the juvenile court adjudicating his two minor children to be children in need of assistance. AFFIRMED.
Susan Stockdale of Roehrick, Hulting, Krull Blumberg, P.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, M. Elise Pippin, Assistant Attorney General, John Sarcone, County Attorney, and Cory McClure, Assistant County Attorney, for appellee-State.
David Kozlowski of Phillips, McCollum, Kozlowski Vald, P.L.C., West Des Moines, for mother.
Michelle Miller and George Arvidson, Des Moines, guardians ad litem for minor children.
Considered by MAHAN, P.J., and ZIMMER and EISENHAUER, JJ.
A father appeals the decision of the juvenile court adjudicating his two minor children to be children in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(d) (2001) (child is imminently likely to be sexually abused). The father claims there is no evidence to show he is likely to sexually abuse these two children. We affirm.
Chris is the father of Nicholas, born in February 1995, and Benjamin, born in October 1999. In June 2001 allegations arose that Chris had sexually abused his step-daughter and her friend. He was charged with two counts of sexual abuse in the second degree and one count of sexual abuse in the third degree. There were concerns that Nicholas and Benjamin might have been aware of the sexual abuse of their step-sister, who lived in the home. In addition, Nicholas indicated to his therapist someone possibly touched him and made him feel uncomfortable.
Our review of an action arising from a CINA proceeding is de novo. In re B.B., 598 N.W.2d 312, 315 (Iowa Ct.App. 1999). We determine there is sufficient evidence in the record to establish that Nicholas and Benjamin should be adjudicated CINA on the ground they were imminently likely to be sexually abused. We affirm the decision of the juvenile court.
AFFIRMED.