G.R., In Interest of, 83-1122

• Citation: 348 N.W.2d 627
• Decision Date: 16 May 1984
• Docket Number: No. 83-1122,83-1122
• Parties: In the Interest of G.R., A Child, State of Iowa and T.J.R., Appellants.
• Court: United States State Supreme Court of Iowa

Page 627

348 N.W.2d 627

In the Interest of G.R., A Child,

State of Iowa and T.J.R., Appellants.

No. 83-1122.

Supreme Court of Iowa.

May 16, 1984.

Thomas J. Miller, Atty. Gen., Brent D. Hege, Asst. Atty. Gen., and Virginia T. Larson, Asst. Story County, for appellant State of Iowa.

John L. Timmons of Pasley, Singer, Pasley, Holm, Timmons & Mathison, Ames, for appellant natural mother.

Christine A. Hunziker, Asst. Public Defender, Ames, for appellee G.R.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER and WOLLE, JJ.

SCHULTZ, Justice.

This is an appeal from an adjudicatory hearing in a child-in-need-of-assistance (CHINA) proceeding pursuant to Iowa Code section 232.96. In support of its CHINA petition, the State presented evidence that the child was the product of an emotionally troubled family whose members were in need of counseling and treatment. Although the court determined that the child needed assistance and his parents were unable to provide it, the court concluded its aid was not required and dismissed the petition because it felt the child's and father's resistance to counseling would render treatment ineffective. At issue here, is when and in what circumstances may a juvenile court dismiss a petition on the statutory ground that its aid is not required. Iowa Code § 232.96(8).

The State, joined by the mother, asserts the court prematurely decided counseling would be futile and erred in equating this issue with its determination that the court's aid was not required. Based on our de novo review of the record, In re Interest of J.R., 315 N.W.2d 750, 752 (Iowa 1982), we agree and reverse and remand for a dispositional hearing pursuant to Iowa Code section 232.99.

The child is a fifteen-year-old boy whose parents separated and instituted a dissolution action several months before this proceeding. The boy lived with his mother until shortly before the CHINA petition was filed. He was upset by his parents' separation and apparently blamed his mother for the breakup, and, as a result, his behavior became increasingly assaultive. After one final blowup, he was temporarily placed in a shelter care home by the juvenile court and subsequently released into his father's care. Thus, he has been living with his father since early February of 1983 even though the dissolution decree filed in May of that year placed the boy in his mother's custody.

The present CHINA proceeding was initiated by an assistant county attorney in a petition alleging that the child was

[i]n need of treatment to cure or alleviate serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior toward self or others and whose parent, guardian, or custodian is unwilling or unable to provide such treatment.

Iowa Code § 232.2(5)(f). The petition was supported by a statement of fact describing the child's physically and verbally abusive behavior.

An adjudicatory hearing was held in May and included testimony from the child, his parents, an adult sibling, a probation officer and social worker. The evidence revealed that prior to the hearing the boy and his mother voluntarily completed two sessions of counseling with the social worker but that the child subsequently declined further counseling with the approval of his father.

As noted earlier, the court found that the State had met its burden on the grounds alleged in the CHINA petition but nevertheless dismissed the petition because its aid was not required. In so ruling, the court stated: "[I]t is apparent to the court that there will be no effective counseling." In a subsequent order responding to an Iowa Rule of Civil Procedure 179(b) motion by the mother and State, the court elaborated on its initial dismissal:

The court notes that this disposal of the matter is distasteful indeed to the court. It is not solely based upon the juvenile's statements that he would resist treatment. It is based upon the court's firm belief that the juvenile and the father would utilize all effective means to resist and sabotage treatment efforts. They would view it only as an intellectual challenge. The court does not require a disposition hearing to be convinced. The court will not commit its resources to the remote chance that there would be some success.

The juvenile judge went on to note that he had recently attended a medical school seminar on aggressive and anti-social behavior and then made a diagnosis of the child's personality, which included an unfavorable prognosis for successful treatment and the child's future happiness and emotional well being.

No issue is presented on the court's factual determination that the child needed assistance since his counsel conceded the validity of this aspect of the court's ruling at oral arguments. Thus, we see no need to discuss in great detail the operative facts and find it sufficient to summarize the evidence in the following manner.

All family members had difficulty dealing with each other, and there was a long and extensive history of family strife which continued after the separation of the parents and up to the time of the hearing. The child had serious problems in appropriately expressing his anger and in controlling his emotions and behavior. He was frequently late to or absent from school, and even though he is exceptionally intelligent, his grades were mediocre at best. The father and son minimized the child's problems indicating they were solved by the voluntary custody change. Generally, they felt the mother was manipulative and bent on continuing family strife by insisting on counseling against their will.

Child-in-need-of-assistance proceedings are governed by Division III of Iowa Code Chapter 232. Provisions for an adjudicatory hearing are made in section 232.96 and the permissible parameters of the juvenile court's initial ruling are set out in the following subsections of 232.96 which provide respectively:

8. If the court concludes facts sufficient to sustain the petition have not been established by clear and convincing evidence or if the court concludes that its aid is not required in the circumstances, the court shall dismiss the petition.

9. If the court concludes that facts sufficient to sustain the petition have been established by clear and convincing evidence and that its aid is required, the court may enter an order adjudicating the child to be a child in need of assistance.

(Emphasis added.)

The negative form of the underlined phrase in the first quoted subsection provides an alternative ground for dismissal after an adjudicatory hearing while the positive statement in the latter subsection prescribes an additional requirement that must be met before the court may enter an order adjudicating a child in need of assistance. The narrow issue in this appeal concerns the correct application of the phrase in subsection 8. Stated otherwise, when and in what circumstances may the juvenile court rely on this statutory ground as a basis for dismissing the petition?

The State contends the juvenile court erred by equating the issue of whether treatment or counseling would be effective with the issue of whether the petition should be dismissed because the court's aid was not required. The State somewhat modifies this stance by admitting they do not generally disagree with the court's conclusion "that there are indeed cases where there is sufficient basis to sustain a petition but that the court's aid is not required." Nevertheless, they argue that this statutory standard for dismissal should be invoked sparingly and never when the court has available resources to correct the specific CHINA ground proven. It also points out that no factual evidence supports the court's finding...