Freund, In Interest of, No. 2--56373

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard by MOORE; MOORE
Citation216 N.W.2d 366
PartiesIn the Interest of Jeanene FREUND and Karen Freund, children.
Docket NumberNo. 2--56373
Decision Date27 March 1974

Page 366

216 N.W.2d 366
In the Interest of Jeanene FREUND and Karen Freund, children.
No. 2--56373.
Supreme Court of Iowa.
March 27, 1974.

Robert L. Horak, of Reading, Pauley & Horak, Jefferson, for appellants.

Gerald W. Magee, of Cudahy, Wilcox, Handley & Magee, P. C. Jefferson, for appellee.

Heard by MOORE, C.J., and MASON, RAWLINGS, REES and McCORMICK, JJ.

MOORE, Chief Justice.

This is a juvenile court proceeding instituted by the Greene County Attorney to have children declared neglected and dependent. Also to terminate the parent-child relationship between Jeanene Freund, born January 31, 1968 and her sister Karen, born January 1, 1970 and their divorced parents Kenneth W. Freund and Irene Freund Kuebler.

Following a hearing held on various days during a five-month period, primarily because of the judge's demanding schedule in other parts of the district, the court on April 24, 1973 entered the following order:

'That this matter be continued for an indefinite period, not to exceed one year, and that during said period of continuation, the temporary care, custody and control of the minor children, Jeanene Freund and Karen Freund, be placed with their father, Kenneth Freund.

'That prior to the expiration of said period, or at any time ordered by this court, one or more hearings, as necessary, shall be held to determine the current status of the minor children and/or for the purpose of final determination of the petition for termination of child-parent relationship.

'That during the period of temporary custody herein granted to Kenneth Freund, the Greene County Department of Social Welfare shall, at least monthly, make and conduct a spontaneous and unannounced investigation at the residence of Kenneth Freund and make and conduct such other and further investigation as may be necessary by said department to ascertain and determine the care, treatment and surroundings afforded the minor children by Kenneth Freund. The department shall, after concluding each investigation, prepare a written report setting forth its findings. Said reports shall be timely filed herein and copies shall be forwarded to this court.

'That Irene Freund Kuebler is granted visitation rights during the period of temporary custody on the 1st and 3rd Sundays of each month, beginning in May 1973, between the hours of 3:00 P.M. and 5:00 P.M. Such visitations shall take place at the residence of Kenneth Freund, and the children are not to be removed from the premises by her. It shall be the duty of Kenneth Freund to make every effort to encourage such visitations and to conduct them in a congenial atmosphere, so as to afford Irene Freund Kuebler actual and meaningful visitations, to and including complete removal of himself from his residence during the periods of visitation, if necessary.

'That the Court retains jurisdiction herein, and that Kenneth Freund shall not change the residence of the minor children from Greene County without prior order of this Court approving such change, and that under no circumstances shall the said Kenneth Freund remove said children from the State of Iowa without obtaining approval of this Court.

'That Robert Horak shall continue to act as attorney for the children herein during the period of temporary custody, and shall continue to act in the best interests of the children and represent their interests at public expense.

'That Attorney Charles Hird's representation of Irene Freund Kuebler herein at public expense be, as of the date of this order, terminated. This Court does not intend to nor does it preclude any application for reappointment of counsel at public expense by Irene Freund Kuebler.

'That the Greene County Department of Social Welfare shall, within a reasonable time, and in any event within 10 days from

Page 366

the filing of this order, deliver...

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8 practice notes
  • D.J.R., In Interest of, No. 89-503
    • United States
    • United States State Supreme Court of Iowa
    • 18 Abril 1990
    ...It is true that a parent who was once unfit may not automatically be deemed forever unfit. See, e.g., In the Interest of Freund, 216 N.W.2d 366, 369 (Iowa 1974). But that is not to say that a parent who is found to have abandoned a child may wipe the slate clean by professing the desire to ......
  • Voeltz, In Interest of, No. 61329
    • United States
    • United States State Supreme Court of Iowa
    • 22 Noviembre 1978
    ...to determine whether Connie, despite her past conduct, can prospectively assume her parental duties responsibly. See Interest of Freund, 216 N.W.2d 366, 369 (Iowa). Unfortunately the record does not indicate that Connie will now or hereafter be able to care for her Kenneth Barringer, a psyc......
  • Ponx, In Interest of, No. 62299
    • United States
    • United States State Supreme Court of Iowa
    • 21 Marzo 1979
    ...of the child. This is best determined by observing the present conditions and the parent's track record. We have said in In re Freund, 216 N.W.2d 366, 369 (Iowa 1974), Determination thereof (of best interests of child) necessarily is based on what is likely to occur in the future because of......
  • Miller Children, In Interest of, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • 16 Abril 1975
    ...juvenile court abused its discretion, citing State v. Visser, 249 Iowa 763, 765, 88 N.W.2d 925, 926 (1958). See In Interest of Freund, 216 N.W.2d 366, 368--69 (Iowa 1974). Our survey of this court's decisions since 1965 under chapter 232, The Code, discloses we review De novo. This is true ......
  • Request a trial to view additional results
8 cases
  • D.J.R., In Interest of, No. 89-503
    • United States
    • United States State Supreme Court of Iowa
    • 18 Abril 1990
    ...It is true that a parent who was once unfit may not automatically be deemed forever unfit. See, e.g., In the Interest of Freund, 216 N.W.2d 366, 369 (Iowa 1974). But that is not to say that a parent who is found to have abandoned a child may wipe the slate clean by professing the desire to ......
  • Voeltz, In Interest of, No. 61329
    • United States
    • United States State Supreme Court of Iowa
    • 22 Noviembre 1978
    ...to determine whether Connie, despite her past conduct, can prospectively assume her parental duties responsibly. See Interest of Freund, 216 N.W.2d 366, 369 (Iowa). Unfortunately the record does not indicate that Connie will now or hereafter be able to care for her Kenneth Barringer, a psyc......
  • Ponx, In Interest of, No. 62299
    • United States
    • United States State Supreme Court of Iowa
    • 21 Marzo 1979
    ...of the child. This is best determined by observing the present conditions and the parent's track record. We have said in In re Freund, 216 N.W.2d 366, 369 (Iowa 1974), Determination thereof (of best interests of child) necessarily is based on what is likely to occur in the future because of......
  • Miller Children, In Interest of, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • 16 Abril 1975
    ...juvenile court abused its discretion, citing State v. Visser, 249 Iowa 763, 765, 88 N.W.2d 925, 926 (1958). See In Interest of Freund, 216 N.W.2d 366, 368--69 (Iowa 1974). Our survey of this court's decisions since 1965 under chapter 232, The Code, discloses we review De novo. This is true ......
  • Request a trial to view additional results

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