In re KC

Decision Date02 April 2003
Docket NumberNo. 02-1264.,02-1264.
PartiesIn the Interest Of K.C. and S.C., Minor Children, C.C., Mother, S.C., Father, K.C., Minor Child, and Scott County Attorney, Appellants.
CourtIowa Supreme Court

Brenda Drew-Peeples, Davenport, for appellant-mother.

Angela Fritz Reyes, Davenport, for appellant-father.

William E. Davis, County Attorney, and Gerda C. Lane, Assistant County Attorney, for appellant-Scott County Attorney.

Michael T. Hines, Davenport, for appellant-minor children.

Thomas J. Miller, Attorney General, and Charles K. Phillips, Assistant Attorney General, for State.

STREIT, Justice.

A juvenile court directed the Scott County Attorney to file a petition to initiate termination of parental rights proceedings when no involved party sought such action. We granted all parties interlocutory appeal. We find the juvenile court had authority to direct the county attorney to start termination proceedings and this power is not unconstitutional. The parents waived their due process arguments by not raising them before the juvenile court. Given the unique circumstances before us, it was error to direct the county attorney to file a petition to terminate parental rights. We reverse and remand.

I. Background and Facts

Sharquelle came to the attention of the Iowa Department of Human Services (DHS) when it received a report that her parents had abandoned her younger sister, Kyshawnda. Connie and Sylvester are the parents of Sharquelle, born in March 1999, and Kyshawnda, born September 2001. Kyshawnda was born with severe birth defects and required specialized medical care and treatment. The parents were unable to properly care for Kyshawnda and there were other domestic violence concerns. In October 2001, a temporary removal order was entered with regard to Kyshawnda. Both girls were adjudicated in need of assistance in January 2002. DHS took custody of Kyshawnda while Sharquelle remained in her mother's custody. Sharquelle was removed from her mother's custody in March 2002 and placed into foster care. The parents separated in January 2002. They each now reside in separate residences in Illinois.

Prior to a scheduled permanency hearing the parties held a staffing where they discussed issues relative to the permanency hearing. The only contested issue was whether termination of parental rights should occur as to Kyshawnda or whether her paternal aunt should be granted custody. No party at any time in these proceedings has sought termination for Sharquelle.

In August 2002, the court held a forty-five minute permanency hearing. The DHS case manager testified about Kyshawnda's situation and recommended termination of parental rights only as to Kyshawnda. The case manager testified the mother had made some progress and DHS anticipated reunification between Sharquelle and her mother would be possible in three to four months. Because the hearing had run over by fifteen minutes, the court interrupted the testimony of the case manager. The mother's attorney briefly finished questioning the case manager and concluded with, "Nothing further." The judge then stated, "I will issue an opinion."

Three days later the court entered an order stating the permanency plan as to Sharquelle was not acceptable because it called for reunification. The court directed the county attorney to file a petition to terminate the parental rights of both children within thirty days. We granted the parties' petitions for interlocutory appeal. Due to complications with her medical condition, Kyshawnda died after the permanency hearing. We will address only the concerns as to Sharquelle.

The county attorney contends: (1) it cannot follow the court's order because to do so would constitute an ethical violation; (2) the statutes authorizing the court to "direct" the county attorney to file a petition to terminate parental rights unconstitutionally violate the separation of powers doctrine; (3) the same statutes constitute an unlawful delegation of authority to the judicial branch; (4) the statute only gives the court authority to "direct" not "order" the county attorney to initiate termination proceedings; (5) the county attorney cannot be compelled to initiate termination proceedings when the requisite statutory elements are not present under Iowa Code section 232.111(2)(a)(1)-(6) (2001); and (6) there is insufficient evidence to conclude there is a "reasonable probability" that the evidence before the court would warrant termination.

The parents argue: (1) the court violated their right to due process when it concluded the permanency hearing without allowing them to present evidence with respect to Sharquelle; (2) the court abused its discretion by concluding the hearing without allowing them to present evidence; (3) the court abused its discretion when it failed to grant the mother an additional six months to make reunification efforts.

The State contends the court has state and federal authority to order the county to initiate termination proceedings. Specifically, the State asserts such action does not (1) violate any ethical rules; (2) violate the separation of powers doctrine; or (3) constitute an unconstitutional delegation of powers to the judicial branch. The State joins the parents, the county attorney, and the guardian ad litem in stating, given the facts and circumstances of this case, the juvenile court should not have directed the county attorney to initiate termination proceedings. The State also concedes the juvenile court should have granted the mother additional time to pursue reunification.

II. Scope of Review

We review a permanency order de novo. In re N.M., 528 N.W.2d 94, 96 (Iowa 1995). We review both the facts and the law and adjudicate rights anew. In re H.G., 601 N.W.2d 84, 85 (Iowa 1999). Although we give weight to the juvenile court's findings of fact, we are not bound by them. In re N.M., 528 N.W.2d at 96. There is a rebuttable presumption that the child's best interests are served by parental custody. Id. The best interests of the child are paramount to our decision. Id.

III. The Merits

Our main issue on this interlocutory appeal is to determine whether the juvenile court had authority to direct the county attorney to file a petition to initiate termination proceedings.1 If the juvenile court had such authority, we must determine on our de novo review whether the juvenile court's order was appropriate under all of the facts and circumstances before us. Finally, we will address the parents' argument that their due process rights were violated when the judge concluded the permanency hearing without allowing them to testify or to present more evidence.

A. Options Available to the Juvenile Court

The county attorney challenges the juvenile court's authority to order the county attorney to initiate termination proceedings. Iowa Code section 232.58(3) provides,

After the permanency hearing, the court shall do one of the following:
a. Enter an order ... to return the child to the child's home;
b. Enter an order ... to continue [out-of-home] placement of the child; or
c. Direct the county attorney or the attorney for the child to institute proceedings to terminate the parent-child relationship.

Iowa Code § 232.58(3) (Supp.2001). Other provisions of the code indicate the juvenile court may consider, as one option, taking the initiative to institute termination proceedings. Iowa Code § 232.102(9) (2001).

The county attorney argues the word "direct" in section 232.58(3)(c) does not mean the juvenile court has authority to "order" the county attorney to initiate termination proceedings. When we interpret a statute we use, if possible, the commonly understood, everyday meanings of words. Though susceptible to a plethora of definitions, the word "direct" includes the meaning "to order or command." The American Heritage Dictionary 400 (2d college ed.1985). While "direct" may also be interpreted as a term aimed at merely guiding another's direction, such an interpretation in this instance would be contrary to legislative intent. The intent of the legislature in enacting our juvenile justice statutes was to protect a child's best interests. The legislature's grant of authority to the juvenile court to direct the initiation of termination proceedings under certain circumstances furthers a child's best interests.

The juvenile court is given a choice among three alternatives at a permanency hearing. One alternative is clearly to direct the county attorney to initiate termination proceedings. It would be nonsensical to find the juvenile court may order the first two alternatives (order the child to be returned to the home or order the child to continue out-of-home placement) but merely suggest to the county attorney a course of action as to the third alternative. See State v. Carpenter, 616 N.W.2d 540, 542 (Iowa 2000)

(citing State v. Schultz, 604 N.W.2d 60, 62 (Iowa 1999)) ("In determining the intent of the legislature, we will not construe the language of a statute in a manner that will produce an absurd or impractical result.").

1. Does Iowa Code section 232.58(3)(c) violate the separation of powers doctrine or constitute an illegal delegation of authority?

The county attorney also contends the statutory language stating a court "shall direct" the institution of termination proceedings is unconstitutional. Specifically, the county attorney argues this statute is a violation of the separation of powers clause of the Iowa Constitution and an unconstitutional delegation of authority to the judicial branch. Statutes are presumed constitutional and the challenger must show, beyond a reasonable doubt, the statute is unconstitutional and must negate every reasonable basis to support the statute. Johnston v. Veterans' Plaza Auth., 535 N.W.2d 131, 132 (Iowa 1995).

The court has powers conferred on it both by the constitution and by statute. The court "also possesses broad powers to do whatever is reasonably...

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