F.K. v. IOWA DIST. CT. FOR POLK CTY.

No. 99-0095.

630 N.W.2d 801 (2001)

F.K., Mother, Plaintiff, v. IOWA DISTRICT COURT FOR POLK COUNTY, Defendant.

Supreme Court of Iowa.

As Amended on Denial of Rehearing July 27, 2001.


Attorney(s) appearing for the Case

James A. Benzoni of Benzoni Law Office, P.L.C., Des Moines, for plaintiff.

Thomas J. Miller, Attorney General, Charles K. Phillips, Assistant Attorney General, and Cory McClure, Assistant County Attorney, for defendant.

Mike Bandstra, Des Moines, for minor child.


NEUMAN, Justice.

This certiorari action tests the legality of a juvenile court's ruling on the constitutionality of the statute governing emergency removal orders, Iowa Code section 232.78 (1997). Because we are convinced that the certiorari plaintiff cannot successfully assail the statute on Fourth Amendments grounds, nor does the statutory scheme violate the due process clauses of either the United States or Iowa Constitutions, we vacate a contrary decision of the...

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