IN THE COURT OF APPEALS OF IOWA

No. 17-0582

Filed June 7, 2017

IN THE INTEREST OF J.W.,

Minor Child,

L.B., Mother,

Appellant.

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Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, 

District Associate Judge.

Mother appeals following a dispositional order continuing placement of her 

child outside the home. AFFIRMED.

Karmen R. Anderson of The Law Office of Karmen Anderson, Des 

Moines, for appellant mother.

Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney 

General, for appellee State.

Michael J. Bandstra of Bandstra Law Office, Des Moines, guardian ad 

litem for minor child.

Considered by Vogel, P.J., and Doyle and McDonald, JJ.
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MCDONALD, Judge.

The mother pursues this appeal following the entry of an order 

adjudicating her child, J.W., in need of assistance and the entry of a disposition 

order placing the child in out-of-home placement under the supervision of the 

Iowa Department of Human Services. The mother raises only a single issue in 

this appeal—whether the juvenile court abused its discretion in denying a motion 

to change venue.

Our review of the juvenile “court’s decision to grant or deny a change of 

venue [is] for an abuse of discretion.” In re D.A., No. 06-0255, 2006 WL 931425, 

at *2 (Iowa Ct. App. Apr. 12, 2006) (citing In re S.D., 671 N.W.2d 522, 527 (Iowa 

Ct. App. 2003)). “In order to show an abuse of discretion, a party must 

demonstrate the court exercised its discretion on grounds or for reasons clearly 

untenable or to an extent clearly unreasonable.” In re E.C., No. 13-1090, 2013 

WL 5291969, at *3 (Iowa Ct. App. Sept. 18, 2013) (citing In re Estate of Olson, 

479 N.W.2d 610, 613 (Iowa Ct. App. 1991)).

The Iowa Code provides, “Venue for child in need of assistance 

proceedings shall be in the judicial district where the child is found or in the 

judicial district of the child’s residence.” Iowa Code § 232.62(1) (2016). The 

juvenile court may transfer a proceeding “to the juvenile court of any county 

having venue at any stage in the proceedings” for two reasons. Iowa Code 

§ 232.62(2). First, “[w]hen it appears that the best interests of the child or the 

convenience of the proceedings shall be served by a transfer.” Iowa Code 

§ 232.62(2)(a). Second, “[w]ith the consent of the receiving court, the court may 
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transfer the case to the court of the county where the child is found.” Iowa Code 

§ 232.62(2)(b).

Here, the guardian ad litem moved to change venue of this assistance 

proceeding from Polk County, in the Fifth Judicial District, to Union County, also 

in the Fifth Judicial District. The mother joined in the motion. The juvenile court 

denied the motion to change venue for a variety of reasons. Primarily, the 

mother was already involved in another assistance proceeding in Polk County 

involving two older children. She would have to attend hearings, meetings, and 

appointments in Polk County for that case. In addition, although the child at 

issue resided in Union County, it was unclear whether the placement was longterm. Also, the mother and father’s housing was unstable. The mother, on 

several occasions, changed residences between Polk County and Union County. 

The juvenile court reasoned there was no need to change venue when the 

mother’s housing situation was unstable and she was likely to return to Polk 

County. We cannot conclude the juvenile court’s exercise of discretion was 

clearly untenable or unreasonable.

AFFIRMED.