In the Interest of J.S. & N.S., Minor Children, A.S., Mother, Appellant, State of Iowa, Appellee

Summary

The court held that a parent's methamphetamine addiction, without additional evidence of circumstances creating an imminent likelihood of nonaccidental physical injury, does not support a CINA adjudication under Iowa Code section 232.2(6)(b). Although the record supported adjudication under section 232.2(6)(c)(2) based on harmful effects from the mother's failure to supervise, the State did not prove the more specific likelihood of physical injury required under section 232.2(6)(b). The court affirmed the court of appeals and affirmed the juvenile court in all respects except the section 232.2(6)(b) adjudication. Chief Justice Cady and Justice Zager, dissenting, would have affirmed the section 232.2(6)(b) adjudication based on the mother's repeated relapses, ongoing drug use, and inability to provide dependable supervision.