Freund, In Interest of, 2--56373
Decision Date | 27 March 1974 |
Docket Number | No. 2--56373,2--56373 |
Citation | 216 N.W.2d 366 |
Parties | In the Interest of Jeanene FREUND and Karen Freund, children. |
Court | Iowa Supreme Court |
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.
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 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 the Greene County Department of Social Welfare shall, within a reasonable time, and in any event within 10 days from the filing of this order, deliver physical custody of the minor children to Kenneth Freund.'
I. Only court appointed counsel for the children has appealed. Code section 232.58 provides: 'An interested party aggrieved by any order or decree of the court may appeal to the supreme court for review of questions of law and fact. * * *.' See also In re Interest of Chambers, 261 Iowa 31, 34, 152 N.W.2d 818, 820. The only other party participating in this appeal is the father-appellee.
Appellant asserts the juvenile court judge abused his discretion in continuing the investigation and hearing. Counsel argues the judge should have decided the issues and that this court should do so. Appellee points out the unusual nature of this appeal in that it is not from a final order or judgment. He argues and we agree we have nothing to review de novo other than whether the juvenile court judge abused the discretion granted under the provisions of Code chapter 232.
In addition to the appendix and the well-prepared briefs, we have carefully considered the 551 page court reporter's transcript of the juvenile court proceedings. We conclude there was no abuse of discretion and this case must be remanded for further proceedings, including taking of evidence of developments during this appeal. Therefore we summarize very briefly the record before us.
Kenneth Freund and Irene Lyon, high school drop outs, were married March 14, 1966. Kenneth was inducted as a member of the United States Army August 10, 1966 and discharged in May 1968. He was honorably discharged after more than a year combat service in Vietnam. The marriage relationship with Irene was resumed and continued until June 19, 1971 when the parties separated. A dissolution decree was entered June 15, 1972. It included: 'It is the further finding of this Court that neither of the parties show any signs of being a proper parent or person for custody of the children herein...
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D.J.R., In Interest of
...unfitness. 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......
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Voeltz, In Interest of, 61329
...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......
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Miller Children, In Interest of, 2--56739
...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 ......
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Ponx, In Interest of
...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......