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DEPT. OF HUMAN SERVICES v. DISTRICT COURT

No. 88-1794.

446 N.W.2d 794 (1989)

IOWA DEPARTMENT OF HUMAN SERVICES, Plaintiff, v. IOWA DISTRICT COURT FOR CHEROKEE COUNTY, Defendant.

Supreme Court of Iowa.

As Corrected October 24, 1989.

Rehearing Denied November 22, 1989.

Attorney(s) appearing for the Case

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

Joseph J. Straub, Algona, pro se.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO and ANDREASEN, JJ.

LARSON, Justice.

When the marriage of Nanette and Timothy Frerichs was dissolved, the district court was concerned about the fitness of either parent to care for their five-year-old son, Cory. The decree granted temporary custody to the Cherokee County Department of Human Services (department) and primary physical care to Cory's father pending a final custody hearing. The department was ordered to make an investigation of both parents, "regarding their home conditions...

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