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Iowa

ABUSE

SCHOOLS

State v. Romer, 832 N.W.2d 169 (Iowa 2013). Jury verdict finding defendant guilty of violating statute prohibiting sexual exploitation by a school employee was not in error where youth’s former substitute teacher photographed her nude. Contrary to defendant’s assertion, statute was broader than merely prohibiting sexual conduct regarding those in a teacher-student relationship as shown by the statute’s use of the term ‘school employee’ rather than ‘teacher.’ 

VICTIM IMPACT STATEMENT

State v. Lopez, 2015 WL 7890031 (Iowa). Defendant sentenced to five years in prison after guilty plea to child endangerment causing bodily injury to girlfriend’s son. Prosecutor did not breach plea agreement with defendant by introducing victim-impact statements from child’s father and guardian ad litem (GAL) at sentencing. GAL of dependent child may provide victim-impact statement on child’s behalf provided that GAL is properly designated for that purpose.

DELINQUENCY

HARASSMENT

In re D.S., 856 N.W.2d 348 (Iowa 2014). Juvenile accused of harassing peer during after-school confrontation appealed delinquency adjudication under harassment statute. Juvenile yelled a profanity at friend, which instigated the altercation with complainant, who was not the target of the profanity. Evidence did not support finding that juvenile purposefully or intentionally made personal contact with the specific intent to threaten, intimidate, or alarm.

SENTENCING

State v. Ragland, 836 N.W.2d 107 (Iowa 2013). Where governor commuted a previous mandatory sentence of life without parole on juvenile tried as an adult to a 60-year sentence, district court properly concluded it had authority under Miller v. Alabama to hold a sentencing hearing to determine mitigating factors and rehabilitation, which resulted in defendant being immediately eligible for parole given the decades he had already served. Commuted sentence remained the practical equivalent of a life sentence because defendant would be near life expectancy at the time of release.

DEPENDENCY

PRIVILEGE

In re A.M., 856 N.W.2d 365 (Iowa 2014). Statute governing adjudicatory hearings in child protection cases permitted juvenile court to compel therapist to testify about mother’s compliance with treatment goals and her mental health. Therapist was well positioned to provide the court with vital information to determine children’s best interests. HIPAA does not require a contrary result. 

SUBSTANCE ABUSE

In re J.S., 846 N.W.2d 36 (Iowa 2014). Family court’s disposition order that two minors should be under agency’s custody was reversed. Family court improperly determined that mother’s methamphetamine addiction by itself would make mother “imminently likely to abuse or neglect” the children. However, family court properly held children were imminently likely to suffer from abuse or neglect while in mother’s custody, in light of mother’s abuse of methamphetamines, often injecting it intravenously while supervising her daughters, and her history of leaving children with her parents while staying with her boyfriend for a month at a time.

JUVENILE JUSTICE

DUE PROCESS

State v. Graham, 2017 WL 2291386 (Iowa). Juvenile defendant appealed lifetime special sentence of parole and lifetime sex offender registry 2,000-foot rule, arguing that sentence was cruel and unusual punishment for juvenile. State supreme court found sentence was not cruel and unusual because juvenile offender could petition for early discharge from both sentences, with discretion by parole board. Iowa case law already held such sentences were not excessively punitive and defendant failed to identify any injury to him by 2,000-foot rule.

REPRESENTATION

State Public Defender v. Iowa District Court, 2016 WL 6138160 (Iowa). Public defender complied with statutory duty to return case to court after being appointed to represent juvenile whose interests were directly adverse to those of three other current clients. District court, not defender, had statutory duty to select and appoint successor counsel for juvenile. Defender did not violate ethical duty when she declined to represent juvenile and failed to expedite court’s selection and appointment of successor counsel.

LIABILITY

MEDICAL STAFF

Nelson v. Lindaman, 2015 WL 1874605 (Iowa). Infant’s adoptive parents brought action against pediatric orthopedic surgeon, who treated child for broken arm, for failure to detect abuse by child’s biological parents. Parents were later convicted of child endangerment after infant was admitted to hospital with massive brain injuries and 17 old and new rib fractures. Surgeon was covered by statute granting immunity to any person aiding and assisting in assessment of child abuse report in good faith.

TERMINATION OF PARENTAL RIGHTS

BEST INTERESTS

In re K.R., 797 N.W.2d 624 (Iowa Ct. App. 2011). Trial court correctly terminated parental rights of father finding that termination was in the child’s best interests; despite fact that father visited regularly and engaged in services, his repeated incidents of domestic violence with his girlfriend and the child’s mother showed it was not safe to return the child to him.

EVIDENCE

In re A.B., 815 N.W.2d 764 (Iowa 2012). Additional evidence to support introducing drug testing report showing positive results for methamphetamines through fingernail clipping analysis was not required in termination case. Report was entered without objection and was not unreliable on its face.

In re M.W., 2016 WL 852001 (Iowa). Evidence supported terminating mother’s parental rights to two children three years of age or younger who had been out of her physical custody for 12 consecutive months. Mother never accepted responsibility for actions in death of younger child or assumed responsibility for removal of other children. She began relationship with individual with history of child abuse, refused entry for unscheduled visits to her apartment, and provided little or no financial assistance to children.

GROUNDS

In re A.H., 797 N.W.2d 132 (Iowa Ct. App. 2010). Trial court correctly terminated parents’ rights to their daughters based on father’s continuing incidents of domestic violence, mother’s failure to contact children for over a year, and both parents’ continued substance abuse.

INCARCERATED PARENTS

In re M.D. v. K.A. 921 N.W.2d 229 (Iowa 2019). The Iowa Supreme Court held an incarcerated parent has a constitutional due process right to participate in the entire termination of parental rights (TPR) hearing and the trial court has a responsibility to ensure the parent can respond to the state’s evidence. FULL SUMMARY

INDIAN CHILD WELFARE ACT

In re D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011). In termination of parental rights proceeding involving Indian child, qualified expert witness’s testimony supported finding that custody of child by parents was likely to result in harm to child, even though expert did not support termination of parental rights due to the tribe’s laws and customs. Court could conclude from expert’s testimony that parents had not addressed their problems, their rehabilitation would continue well into the future, and active efforts had been made. Evidence supported finding that child’s best interests required termination of parents’ rights, as Iowa Indian Child Welfare Act does not favor a tribe’s rights over protecting children.

PATERNITY

In re J.C., 857 N.W.2d 495 (Iowa 2014). Established father who raised child as his own while mother was incarcerated was not child’s parent within meaning of juvenile code. He was neither her biological nor adoptive father and, at time he was dismissed from proceedings, was not child’s guardian, custodian, guardian ad litem, or the petitioner. Fact that established father was served with original notice and petition for termination of parental rights and was appointed counsel did not make him a necessary party.

PERMANENCY

In re B.L.W., 800 N.W.2d 756  (Iowa Ct. App. 2011). Child who had been placed with foster family for nearly 50 months and had developed close bond with family and family sought to adopt him was in need of permanency and could no longer wait for mother to provide stable home; termination of mother’s parental rights to pave way for child’s permanent placement was in child’s best interests as adoption would promote child’s safety and child’s long-term growth and well-being.

SUBSTANCE ABUSE

In re C.B.W., 800 N.W.2d 756 (Iowa Ct. App. 2011). Ground to terminate parental rights was established in the trial court where mother consumed alcohol in front of her teenaged daughter and tried to get her to conceal the fact from the agency and foster parent; though no recent incidents of direct abuse or neglect were recorded, mother’s repeated incidents in the past, coupled with her recent relapse, showed that return would not be safe.

SUPPORT

In re H.S., 805 N.W.2d 737 (Iowa 2011). Juvenile court properly terminated mother’s parental rights on ground that children had been in care for over 14 months and could not be safely returned to her; where fathers had custody of the children and termination eliminates the mother’s support obligation, statute governing termination in dependency cases, unlike statute governing termination in private adoption cases, does not list child support as a best interests factor, and ongoing safety concerns favored severing relationship over potential monetary support to ensure permanency and stability.

TORTS

REPRESENTATION

Yulin Li v. Rizzio, 801 N.W.2d 351 (Iowa 2011). In father’s suit on behalf of child against in-home daycare provider after child fell down steps while in provider’s care, father engaged in unauthorized practice of law by representing child before trial court; although father, who was not an attorney, could represent himself in his own action for loss of consortium after child’s injury, he was not authorized to prosecute child’s personal injury claim as a layperson.