Franklin, In Interest of, 55148

Decision Date18 October 1972
Docket NumberNo. 55148,55148
Citation201 N.W.2d 727
CourtIowa Supreme Court
PartiesIn The INTEREST of George FRANKLIN et al., Appellees. The STATE of Iowa, Appellee, v. Charles Leroy ALSAGER and Darlene Laverne Alsager, Appellants.

Jack W. Rogers, Des Moines, for appellants.

Karla Godwin, Asst. County Atty., for appellees.

Heard before MOORE, C.J., and UHLENHOPP, REYNOLDSON, HARRIS, and McCORMICK, JJ.

PER CURIAM.

The natural parents appeal an order terminating their relationship with five of their six children. We affirm.

The facts are remarkably similar to those in Re Interest of McDonald, 201 N.W.2d 447 (Iowa 1972). The material facts can be said to be identical except to add the finding the tragic deficiencies of both parents in this case appear to have resulted in more harm to the children. The greater harm unquestionably results from the longer period of time the children in this case lived with their parents. It would add nothing to detail the facts or explain the applicable rules of law in this opinion. We are precluded from attempting to achieve a justice as desired by the unfortunate parents by working a cruel injustice upon the children. Neither can the children forestall growing up, in either suitable or unsuitable surroundings, while their parents exhaust the obviously vain hope their tragic circumstances will go away.

The judgment of the trial court must be and is

Affirmed.

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3 cases
  • Alsager v. District Court of Polk Cty., Iowa
    • United States
    • U.S. District Court — Southern District of Iowa
    • 19 Diciembre 1975
    ...terminated. This order of termination was affirmed by the Iowa Supreme Court on October 18, 1972, in a short opinion. See State v. Alsager, 201 N.W.2d 727 (Iowa 1972). No further proceedings were commenced on the state level subsequent to the decision of the Iowa Supreme Court. This lawsuit......
  • Alsager v. DISTRICT COURT OF POLK CTY., IOWA,(JD), 73-79-2.
    • United States
    • U.S. District Court — Southern District of Iowa
    • 12 Noviembre 1974
  • Alsager v. District Court of Polk County, Iowa (Juvenile Division)
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 17 Junio 1975
    ...the other five children. An appeal was taken to the Iowa Supreme Court which affirmed the decision on October 18, 1972. State v. Alsager, 201 N.W.2d 727 (Iowa 1972). It should be noted that no federal constitutional claims were raised before the Iowa At the time of the trial on the Alsagers......

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