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IN INTEREST OF B.B.

No. 88-1348.

440 N.W.2d 594 (1989)

In the Interest of B.B., A Child. Appeal of STATE of Iowa.

Supreme Court of Iowa.

May 17, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., Charles K. Phillips, Asst. Atty. Gen., for appellant.

Patrick L. Wilson, Marshalltown, for appellee parents.

Stephen A. Kenkel, Toledo, guardian ad litem for the child.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

At issue here is whether a mildly mentally retarded child should be adjudged a child in need of assistance within the meaning of Iowa Code chapter 232 because of his parents' refusal to send him to school. The juvenile court referee dismissed a CHINA petition, holding that the child was not in need of assistance and that the compulsory education statutes provided the State's only remedy. The district court affirmed the referee's decision. We reverse...

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