E-FILED JVJV006799 - 2021 JUL 07 11:47 AM MUSCATINE

CLERK OF DISTRICT COURT Page 1 of 4

IN THE IOWA DISTRICT COURT IN AND FOR MUSCATINE COUNTY

IN THE INTEREST OF: )

) NOs. JVJV006799, JVJV006800
KYRIN BREWER-D.O.B. 12/19/13, )
KORBIN BREWER-D.O.B. 11/22/05, ) ADJUDICATORY
) ORDER
Children. )

On the 28th day of June, 2021, this matter came before the Court for a contested
adjudicatory hearing pursuant to Section 232.96, Iowa Code (2019). The children were
not present but were represented by Attorney and Guardian Ad Litem, Patricia Rolfstad.
The father, Blake Brewer, was present and not represented by counsel. The mother,
Michelle Knox, was present and was not represented by counsel. The Petitioner was
represented by Assistant County Attorney Dan Williamson. Present also were: Kim
Hieronymus and Dustin Krueger from the Department of Human Services; Mary LeBuhn
from Families First. The court reporter was Karla Lester. The Court, having heard the
testimony, having reviewed the exhibits, and being fully advised in the circumstances,
FINDS as follows.
The Court has jurisdiction of the parties and the subject matter herein. Service
and notice was properly served. The Court has taken judicial notice of the petition and
the attachments to the petition. The Court received into evidence Petitioner’s Exhibits 1
through 3 and Respondent’s response to petitioner.
The Court received the sworn testimony from Dustin Krueger from the
Department of Human Services, Kim Hieronymus from the Department of Human
Services, Mary Suzanne LeBuhn from Families First, as well as from the father, Blake
Brewer. The Court found the testimony of each individual to be credible, with the
exception of the father. He testified that his use of meth was “recreational.” Meth is
highly addictive and the Court finds the prospect of somebody only using meth
recreationally very unlikely. His rationalization of that use made his testimony less than
credible.
Clear and convincing evidence exists to support the conclusion that the children
are in need of assistance pursuant to Sections 232.2(6)(n), 232.2(6)(p), Iowa Code

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(2019). Specifically, the Court FINDS the father’s use of meth, as well as his having
people in his home both selling and using meth, quite problematic.
The children shall remain in the care of their mother.
Based on the foregoing, an evaluation of the needs of the children, the
resources and capabilities of the parents, the efforts made by the parents to rectify the
situation, and the risk of future adjudicatory harm, the Court determines that
continuation of the children in the mother’s home is in the children’s best interests. The
Court further determines based on the foregoing that reasonable efforts have been
made to prevent or eliminate the need for removal of the children from the home.
The Court also finds that the children need to have visits with their father. It is
clear that both parents love these children very much and that a good, solid, healthy
relationship between children and parents should be encouraged. Unfortunately, meth
users often don’t think clearly and rationalize their use as not being risky to themselves
or anyone else, when the truth is quite the opposite. The Court will allow the
Department of Human Services determine when it is appropriate for the children to have
visits with the father and whether they are supervised or not.
ORDER
IT IS THEREFORE ORDERED that the above-named children are children in
need of assistance as defined in Sections 232.2(6)(n) and 232.2(6)(p), Iowa Code
(2019).
IT IS FURTHER ORDERED that the Department of Human Services shall
prepare a social investigation and case plan prior to the dispositional hearing, which
shall be distributed to the parties or their attorneys no later than the Wednesday the
week prior to the hearing.
IT IS FURTHER ORDERED that this matter shall be set for a dispositional
hearing on the 19th day of August, 2021, at 10:00 a.m. The hearing is set for two (2)
hours.
IT IS FURTHER ORDERED that the parents and the children shall cooperate
with the Department of Human Services in the preparation of the social investigation
and case plan.

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IT IS FURTHER ORDERED that the children shall be placed with their mother,
subject to supervision by the Department of Human Services, pending the dispositional
hearing.
IT IS FURTHER ORDERED that the parents shall not remove the children from
the temporary custodian established herein nor remove the children from the State of
Iowa without prior approval of this Court.

IT IS FURTHER ORDERED: NOTICE TO PARENTS: You are advised that

your children are in an out-of-home placement. The time allowed by law to
resolve the issues of abuse and neglect so that your children can be safely
returned to you is limited. If your children are under age four, this may be as
short as six months. What you do, what you say, and how you act from now on
will be considered in determining whether or not your children remain at risk of
harm. Failure to participate in services, failure to change your parenting, failure
to recognize the need to change your parenting, your lifestyle, or choices you
make which affect the health, safety, or welfare of your children may result in
termination of your parental rights. If you need services and do not ask for
services now, you will not be able to complain later at a permanency hearing or a
termination hearing that services you needed were not provided or offered.

NOTICE TO PARENTS: In the event that the disposition results in foster care
placement, the Iowa Department of Human Services Foster Care Recovery Unit shall
complete a financial assessment, which may result in the parents being held wholly or
partially financially responsible for the costs of the placement.

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State of Iowa Courts

Case Number Case Title
JVJV006799 IN INT OF BREWER, KYRIN
Type: ORDER FOR ADJUDICATION
So Ordered

Electronically signed on 2021-07-07 11:47:20