In re N.M.W.

461 N.W.2d 478 (1990)

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In re N.M.W.

Iowa Court of Appeals
461 N.W.2d 478 (1990)

Facts

One day, minor child N.M.W. was found by a police officer on the street alone. Although N.M.W. was only about a block from her home, officers did not know where she lived and could not find her apartment. The officer took N.M.W. to the police station. When police were able to locate N.M.W.’s residence and took her home, a police officer noted the poor condition of the home, which prompted a visit from a child-protective worker. The worker found 11–12 cats living in the apartment. The odor of cat urine and feces filled the apartment. The feces were in the kitchen and along the bathtub, with some of N.M.W.’s clothing adhered to the fecal matter. Additionally, the refrigerator had only eggs, milk, and ketchup. The home was filthy, with garbage on the floors throughout the apartment. The home was so nasty that N.M.W. was staying with one of the friends of her mother, B.W. (defendant). Subsequent visits by the child-protective worker found the condition of the home remained deplorable. B.W. refused services and was warned that N.M.W. could be placed in foster care if B.W. did not get rid of the cats and clean the home. Despite this, B.W. did not get rid of the cats or clean her home. A hearing was held, and a juvenile court judge found that N.M.W. was a child in need of assistance, and N.W.M. was placed in the custody of the Iowa Department of Human Services (plaintiff). B.W. appealed and argued that there was not enough evidence to classify N.M.W. as a child in need of assistance, which under Iowa law was defined as an unmarried child whose parent failed to provide a minimal level of care and refused assistance in providing essentials such as adequate food and housing.

Rule of Law

Issue

Holding and Reasoning (Habhab, J.)

Dissent (Sackett, J.)

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