In re Interest of N.C.

• Decision Date: 18 December 2020
• Docket Number: No. 20-0833,20-0833
• Parties: In the INTEREST OF N.C., Minor Child. T.C., Father, Appellee.
• Court: Iowa Supreme Court

952 N.W.2d 151

In the INTEREST OF N.C., Minor Child.

T.C., Father, Appellee.

No. 20-0833

Supreme Court of Iowa.

Submitted November 17, 2020

Filed December 18, 2020

Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant Attorney General, for appellant.

Julie R. De Vries of De Vries Law Office, PLC, Centerville, attorney and guardian ad litem for minor child.

Jonathan Willier, Centerville, for appellee.

McDONALD, Justice.

This is a child-in-need-of-assistance proceeding arising under chapter 232 of the Iowa Code. The State petitioned to adjudicate the child, N.C., in need of assistance pursuant to Iowa Code section 232.2(6)(b ) (physical abuse or neglect), (d ) (sexual abuse), and (p ) (exposure to dangerous substances) (2020). The juvenile court concluded the State failed to prove its case and dismissed the State's petition. The court of appeals affirmed the juvenile court's dismissal on the grounds set forth in subsections (b ) and (p ) but reversed the dismissal on the ground set forth in subsection (d ). We granted the father's application for further review. "On further review, we have the discretion to review any issue raised on appeal." Burton v. Hilltop Care Ctr. , 813 N.W.2d 250, 255 (Iowa 2012) (quoting State v. Marin , 788 N.W.2d 833, 836 (Iowa 2010), overruled on other grounds in Alcala v. Marriott Int'l , 880 N.W.2d 699 (Iowa 2016) ). "In exercising our discretion, we can choose which issues to address." Id. We choose to address only the sufficiency of the evidence regarding the statutory ground set forth in section 232.2(6)(d ). The court of appeals decision is final as to the other grounds.

We review the juvenile court's decisions de novo. See In re L.H. , 904 N.W.2d 145, 149 (Iowa 2017) (quoting In re J.S. , 846 N.W.2d 36, 40 (Iowa 2014) ). We give weight to the juvenile court's factual findings, especially when credibility is at issue, but are not bound by them. In re D.T. , 435 N.W.2d 323, 329 (Iowa 1989).

Iowa Code section 232.2(6)(d ) defines a child in need of assistance as a child who "has been, or is imminently likely to be, sexually abused by the child's parent, guardian, custodian, or other member of the household in which the child resides." It is the State's burden to prove by clear and convincing evidence the statutory ground supporting adjudication. See Iowa Code § 232.96(2). Clear and convincing evidence "is the highest evidentiary burden in civil cases. It means there must be no serious or substantial doubt about the correctness of a particular conclusion drawn from the evidence. This significant burden is imposed on the State to minimize the risk of an erroneous deprivation of the parent's fundamental liberty interest in raising his child." In re M.S. , 889 N.W.2d 675, 679 (Iowa Ct. App. 2016) (en banc) (citation omitted); see also In re D.W. , 791 N.W.2d 703, 706 (Iowa 2010).

The record reflects this family came to the attention of the Iowa Department of Human Services (IDHS) in February 2020 after IDHS was notified a child, N.C., had reported her father had touched her inappropriately. IDHS social worker Aishya Brigham responded to the report and went to the school to interview N.C. At the time, N.C. was eight years old. Her mother passed away in 2016, and she was in the sole custody of her father, Terry. N.C. told Brigham her father had touched her "private parts" on one occasion. N.C. said her "private parts" are where her bladder is. The child also discussed other incidents involving her father. She said her father was "very mean" and struck her with his hand, a shoe, and a belt. Brigham asked N.C. if these incidents ever left marks, and N.C. replied they did not.

On the same day of the interview at the school, the State removed N.C. from the home. She was placed with her maternal grandmother. Also on the same day, Brigham went to the family home and informed Terry of the removal order. Terry was upset and stated the allegations were lies. However, Terry did state he cuddles N.C. a lot and once showed her a "birds and the bees" video after she said she had a boyfriend. Terry stated the video upset N.C., so he turned it off.

Three days after N.C. met with Brigham, N.C. was interviewed and evaluated by a forensic interviewer at the STAR Center, at Blank Children's Hospital in Des Moines. Brigham observed the interview. During the interview, N.C. stated on one occasion her father asked her to take off the skirt she was wearing. She felt very uncomfortable. She stated on this occasion her father touched her vagina with his hand when they were on the couch and then again the next morning in her bed. N.C. told the interviewer that her father did not penetrate her vagina but touched all around it. She said he touched the skin of her private parts. N.C. also stated her father showed her videos of other people having sex. After this interview, IDHS founded the allegation of sexual abuse against Terry.

The matter came on for an adjudicatory hearing on May 4. Brigham testified at the hearing. Brigham testified about her interview with N.C. at the school during which N.C. stated her father touched her one night while they were cuddling. Brigham also testified that she spoke to the grandmother, who expressed reservations about Terry's ability to care for N.C. Brigham testified she was aware the grandmother lost a custody dispute over N.C. to Terry after N.C.’s mother passed in 2016. Brigham was also cross-examined about the contents of the STAR Center interview. Brigham testified she only watched "bits and pieces" of the interview and did "not recall everything." Based upon what she did watch and remember, she found N.C. credible.

During the hearing, the State also offered into evidence three exhibits: 1) IDHS's recommendations, 2) the child protective services child abuse assessment summary, and 3) progress notes from the STAR Center interview. However, at the time, exhibits 2 and 3 were not loaded onto the Electronic Document Management System (EDMS). The juvenile court admitted each of the exhibits with the instruction that the State was to file them in EDMS. The State agreed to file the exhibits "directly following the hearing." The State did not file the exhibits directly following the hearing. Instead, on May 27, the State filed exhibit 2, the child protective services child abuse assessment summary. The summary was prepared by Brigham. It showed IDHS founded the report. It also contained a summary of the interviews and narrative of events.

The next day, on the morning of May 28, the juvenile court filed its findings of fact, conclusions of law, and order. At the time of the decision, the State still had not filed exhibit 3, the progress notes from the STAR Center interview. The juvenile court held the State failed to prove the child was in need of assistance on any of the grounds alleged. With respect to the allegations of sexual abuse, the juvenile court concluded there was "some evidence—perhaps a preponderance of evidence—that [the father] sexually abused, or is imminently likely to sexually abuse [the child]" but held the evidence was not clear and convincing. The juvenile court found it could not independently verify the credibility of N.C.’s claims because the video recording of the STAR Center interview was not submitted.

Shortly after the juvenile court's ruling, the State moved to amend and enlarge the juvenile court's order pursuant to Iowa Rule of Civil Procedure 1.904(2). In support of the motion, the State filed exhibit 3, the progress notes from the STAR Center interview. The State also requested the juvenile court consider new evidence, including the video recording of the STAR Center interview, an affidavit by Brigham, and a letter from N.C.’s therapist.

The juvenile court granted in part and denied in part the State's motion to amend and enlarge. The juvenile court granted the State's motion to consider exhibit 3, the progress notes from the STAR Center interview admitted at the hearing but belatedly filed. The juvenile court denied the motion with respect to the new evidence. On the merits, the juvenile court amended certain parts of its ruling but stated exhibit 3 did "not materially change the juvenile court's conclusions of law and order that the petitioner failed to establish by clear and convincing evidence the child is a Child in Need of Assistance pursuant to Iowa Code Section 232.2(6)(b), (d) and (p)."

On de novo review, we respectfully disagree with the juvenile court's findings and conclusions on the ground at issue. In similar circumstances, we have found a child's credible report of sexual abuse to amount to clear and convincing evidence sufficient to support adjudication under section 232.2(6)(d ). In In re E.H. III , 578 N.W.2d 243, 248 (Iowa 1998), we affirmed an adjudication on this ground where the child was able to respond to questions and "remembered the details of the events involving her father." In In re L.K.S. , 451 N.W.2d 819, 823 (Iowa 1990), we affirmed an adjudication where the child said her stepfather put his "wiener" on her "pee" and "had touched her in her private part." Despite the stepfather's contention that the abuse had not occurred, we found the allegation credible, in part, because some of the child's statements were corroborated by the stepfather and mother. See id.

The court of appeals has also affirmed adjudications under similar circumstances. In In re A.D.L. , 497 N.W.2d 178, 180 (Iowa Ct. App. 1992), the court of appeals affirmed an adjudication under section 232.2(6)(d ). The court of appeals found compelling, among other things, the detail and consistency of the child's allegations:

Alicia has maintained consistency in recounting the incidents of sexual abuse. She continues to identify her father as the perpetrator. The detail and explicit description Alicia has provided regarding the sexual acts is

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