E.C.G., In Interest of, No. 83-743

CourtUnited States State Supreme Court of Iowa
Writing for the CourtCARTER
Citation345 N.W.2d 138
PartiesIn the Interest of E.C.G., a minor. D.L.S., Sr. and J.S. v. L.R.G., Appellant.
Decision Date14 March 1984
Docket NumberNo. 83-743

Page 138

345 N.W.2d 138
In the Interest of E.C.G., a minor.
D.L.S., Sr. and J.S.
v.
L.R.G., Appellant.
No. 83-743.
Supreme Court of Iowa.
March 14, 1984.

Page 139

Troyce A. Wheeler of Anderson & Wheeler, Council Bluffs, for appellant.

Scott H. Peters of The Peters Law Firm, P.C., Council Bluffs, for appellee administrator of the estates of D.L.S., Sr. and J.S.

Considered by UHLENHOPP, P.J., and HARRIS, LARSON, CARTER and WOLLE, JJ.

CARTER, Justice.

The appellant is the natural father of a two-year-old girl who was killed in an automobile

Page 140

accident on December 24, 1982. One day prior to her death the father's parental rights had been terminated by the juvenile court in a proceeding under Iowa Code chapter 600A (1981). His motion to vacate the order terminating parental rights was denied by the juvenile court and that ruling is the subject of this appeal.

The record reveals that the petition for termination of parental rights was filed by the deceased child's half sister (appellant's daughter) and her husband because appellant, who was then sixty-six years of age and separated from his wife, was unable to care for a two-year-old child. The child's half-sister and her husband had accepted physical custody of her for some time prior to her death and prior to the filing of the petition for termination of parental rights. They were also killed in the December 24 accident.

The petition, which was filed on December 15, 1982, recited that neither the natural father nor the natural mother of the child had any objection to the requested termination of their parental rights and asked that the child's half sister be named as her guardian. It was accompanied by a release of custody signed by both natural parents and witnessed by two disinterested persons.

A hearing was held on the petition for termination of parental rights on December 23, 1982. Neither parent appeared at that hearing. Following the hearing the juvenile court ordered the termination of the parental rights of both natural parents. The order recited as grounds therefor that each parent had signed a release of custody and had no objection to the termination. Evidence as to mistreatment of the child, if any, related only to the child's natural mother. Although the termination order recited that the parents had abandoned the child and neglected their parental duties, no evidence had been presented to sustain that allegation as to the natural father other than his relinquishment of physical custody to the child's half sister in anticipation of this termination proceeding and a proposed adoption.

On January 10, 1983, the father filed a motion to vacate the December 23, 1982 order terminating his parental rights. He alleged that the child had been killed in an automobile accident one day after that order, that property rights were involved in the form of a potential wrongful death recovery, and that the court should exercise its retained jurisdiction under Iowa Code section 600A.9(2) (1981) to vacate the order terminating his parental rights. On February 24, 1983, the father's motion to vacate the termination order was amended so as to further allege that necessary parties had not been notified of the hearing on the petition to terminate parental rights and that his consent to termination had been obtained by fraud.

On April 25, 1983, the juvenile...

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13 practice notes
  • People ex rel. C.G., Court of Appeals No. 14CA2172
    • United States
    • Colorado Court of Appeals of Colorado
    • July 30, 2015
    ...that a motion to vacate a judgment terminating a parent's rights was not moot as a result of the child's death. In Interest of E.C.G., 345 N.W.2d 138, 141 (Iowa 1984). It based this conclusion, in part, on an indication in the record that the parent wanted a voice in appointing a personal r......
  • In re A. P., No. 20-0201
    • United States
    • Supreme Court of West Virginia
    • June 2, 2021
    ...abuse and neglect issues not moot because of "collateral consequences" including civil remedies arising from the death); In re E.C.G. , 345 N.W.2d 138 (Iowa 1984) (finding termination of parental rights not rendered moot where estate and wrongful death issues were present).In none of these ......
  • In re A.P., No. 20-0201
    • United States
    • Supreme Court of West Virginia
    • June 2, 2021
    ...abuse and neglect issues not moot because of "collateral consequences" including civil remedies arising from the death); In re E.C.G., 345 N.W.2d 138 (Iowa 1984) (finding termination of parental rights not rendered moot where estate and wrongful death issues were present). In none of these ......
  • People v. C.G., Court of Appeals No. 14CA2172
    • United States
    • Colorado Court of Appeals of Colorado
    • July 30, 2015
    ...that a motion to vacate a judgment terminating a parent’s rights was not moot as a result of the child’s death. In Interest of E.C.G., 345 N.W.2d 138, 141 (Iowa 1984). It based this conclusion, in part, on an indication in the record that the parent wanted a voice in appointing a personal r......
  • Request a trial to view additional results
13 cases
  • People ex rel. C.G., Court of Appeals No. 14CA2172
    • United States
    • Colorado Court of Appeals of Colorado
    • July 30, 2015
    ...that a motion to vacate a judgment terminating a parent's rights was not moot as a result of the child's death. In Interest of E.C.G., 345 N.W.2d 138, 141 (Iowa 1984). It based this conclusion, in part, on an indication in the record that the parent wanted a voice in appointing a personal r......
  • In re A. P., No. 20-0201
    • United States
    • Supreme Court of West Virginia
    • June 2, 2021
    ...abuse and neglect issues not moot because of "collateral consequences" including civil remedies arising from the death); In re E.C.G. , 345 N.W.2d 138 (Iowa 1984) (finding termination of parental rights not rendered moot where estate and wrongful death issues were present).In none of these ......
  • In re A.P., No. 20-0201
    • United States
    • Supreme Court of West Virginia
    • June 2, 2021
    ...abuse and neglect issues not moot because of "collateral consequences" including civil remedies arising from the death); In re E.C.G., 345 N.W.2d 138 (Iowa 1984) (finding termination of parental rights not rendered moot where estate and wrongful death issues were present). In none of these ......
  • People v. C.G., Court of Appeals No. 14CA2172
    • United States
    • Colorado Court of Appeals of Colorado
    • July 30, 2015
    ...that a motion to vacate a judgment terminating a parent’s rights was not moot as a result of the child’s death. In Interest of E.C.G., 345 N.W.2d 138, 141 (Iowa 1984). It based this conclusion, in part, on an indication in the record that the parent wanted a voice in appointing a personal r......
  • Request a trial to view additional results

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