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IN INTEREST OF S.M.D.

No. 97-160.

569 N.W.2d 609 (1997)

In the Interest of S.M.D., Minor Child, S.M.D., Minor Child, Appellant.

Supreme Court of Iowa.

October 22, 1997.

Attorney(s) appearing for the Case

Mark A. Roeder of Roeder & Hassler, Manchester, for appellant.

Thomas J. Miller, Attorney General, and Diane M. Stahle, Special Assistant Attorney General, for appellee State of Iowa.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.

HARRIS, Justice.

This appeal calls for interpretation of Iowa Code section 232.51 (1995), which provides for disposition of juvenile proceedings when the child is found to suffer from mental illness or retardation. The last sentence of that statute states: "If the child is committed as a mentally ill or mentally retarded child, any order adjudicating the child to have committed a delinquent act shall be set aside and the petition shall be dismissed."

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