Osborn, In Interest of, No. 2--56755

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard by REYNOLDSON; REES
Citation220 N.W.2d 632
PartiesIn the Interest of Jerry OSBORN, a child. STATE of Iowa, Appellee, v. Donna McFARLAND, Mother, Appellant.
Docket NumberNo. 2--56755
Decision Date31 July 1974

Page 632

220 N.W.2d 632
In the Interest of Jerry OSBORN, a child.
STATE of Iowa, Appellee,
v.
Donna McFARLAND, Mother, Appellant.
No. 2--56755.
Supreme Court of Iowa.
July 31, 1974.

Michael W. Liebbe, Davenport, for appellant.

Richard C. Turner, Atty. Gen., Lorna Lawhead Williams, Special Asst. Atty. Gen., Theodore R. Boecker and Michael Murphy, Asst. Attys. Gen., for appellee.

Heard by REYNOLDSON, Acting C.J., and MASON, RAWLINGS, REES and UHLENHOPP, JJ.

REES, Justice.

This appeal is by Donna McFarland, natural mother of Jerry Osborn who was born January 18, 1970. Mrs. McFarland appeals from a decree in juvenile proceedings under chapter 232, The Code, 1973, finding Jerry dependent as 'dependency' is defined in section 232.2(14)(b) in that he was in need of special care and treatment required by his physical or mental condition, which care and treatment the parents were unable to provide. The court's decree placed Jerry in the custody of the Scott County department of social services.

Petition was filed by Charles Callahan, an employee of the Scott County department of social services, who was charged in his work with the investigation of alleged child abuse and child neglect cases. The petition asserted and alleged that Jerry Osborn was a dependent child as defined in section 232.2(14)(b) of the 1973 Code because he was in need of special care and treatment required by his physical or mental condition which his parents were unable to provide; that Jerry was a neglected child as defined in section 232.2(15)(c) in that he was without proper parental care because of the faults or habits of his parents, and that further he was a neglected child as defined in section 232.2(15)(d) of the 1973 Code in that he was living under conditions injurious to his mental or physical health or welfare.

At the hearing, the child Jerry, the mother Donna McFarland, and the father

Page 633

Larry Osborn, were all represented by separate counsel, as is required by section 232.28, The Code, 1973.

Mrs. McFarland states the following issues for review:

1) Trial court abused its discretion in removing the child from his home and mother absent 'clear and convincing' evidence, and

2) Trial court erred in not sustaining appellant's objections to a report from the University of Iowa.

Our review in this matter is de novo. Rule 334, Iowa Rules of Civil Procedure.

I. The first of two hearings involving the custody of Jerry Osborn was held on June 12, 1973, which hearing was continued to permit an evaluation of the child at the University of Iowa. Hearing was resumed on August 30, 1973, and the order and decree appealed from was entered on September 7, 1973. In its decree the trial court found Jerry to be a dependent child in accordance with the prayer of the petition but continued the matter insofar as the allegations of neglect were concerned. Temporary custody of Jerry was placed in the Scott County department of social services, and the department was directed to furnish special help to overcome the problems which had confronted the child. Donna McFarland was granted visitation rights, and the department of social services was required to report in writing at monthly intervals on the progress of the child and placement goals. The social services department was...

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6 practice notes
  • Wheeler, In Interest of, No. 2--57681
    • United States
    • United States State Supreme Court of Iowa
    • May 21, 1975
    ...and the extent to which § 232.31 permits their use, create issues we have confronted in several appeals. In Interest of Osborn, 220 N.W.2d 632 (Iowa 1974); In re Interest of Herron, 212 N.W.2d 474 (Iowa 1973); In re Meyer, 204 N.W.2d 625 (Iowa 1973); In re Henderson, supra; In re Delaney, 1......
  • Miller Children, In Interest of, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • April 16, 1975
    ...under chapter 232, The Code, discloses we review De novo. This is true of adjudications of neglect and dependency, In Interest of Osborn, 220 N.W.2d 632, 634 (Iowa 1974); In re Delaney, 185 N.W.2d 726, 728 (Iowa 1971), termination of parent-child relationships, In Interest of Wardle, 207 N.......
  • Welcher, In Interest of, No. 3--58892
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...The presumption a child's best interests will be best served by leaving it with its parents is not conclusive. In Interest of Osborn, 220 N.W.2d 632, 634 (Iowa 1974); In re McDonald, 201 N.W.2d 447, 453 (Iowa 1972). It is the duty of the Page 844 State, as parens patriae, to see that every ......
  • Scarlett, In re, No. 2--57223
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 1975
    ...concerning David was hearsay and was of minimal, if any, probative value. We have disregarded it. See In the Interest of Osborn, 220 N.W.2d 632, 634 (Iowa We believe Mrs. Dell was properly allowed to express her opinion concerning where Jeremy should live. The objection Page 11 raised goes ......
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6 cases
  • Wheeler, In Interest of, No. 2--57681
    • United States
    • United States State Supreme Court of Iowa
    • May 21, 1975
    ...and the extent to which § 232.31 permits their use, create issues we have confronted in several appeals. In Interest of Osborn, 220 N.W.2d 632 (Iowa 1974); In re Interest of Herron, 212 N.W.2d 474 (Iowa 1973); In re Meyer, 204 N.W.2d 625 (Iowa 1973); In re Henderson, supra; In re Delaney, 1......
  • Miller Children, In Interest of, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • April 16, 1975
    ...under chapter 232, The Code, discloses we review De novo. This is true of adjudications of neglect and dependency, In Interest of Osborn, 220 N.W.2d 632, 634 (Iowa 1974); In re Delaney, 185 N.W.2d 726, 728 (Iowa 1971), termination of parent-child relationships, In Interest of Wardle, 207 N.......
  • Welcher, In Interest of, No. 3--58892
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...The presumption a child's best interests will be best served by leaving it with its parents is not conclusive. In Interest of Osborn, 220 N.W.2d 632, 634 (Iowa 1974); In re McDonald, 201 N.W.2d 447, 453 (Iowa 1972). It is the duty of the Page 844 State, as parens patriae, to see that every ......
  • Scarlett, In re, No. 2--57223
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 1975
    ...concerning David was hearsay and was of minimal, if any, probative value. We have disregarded it. See In the Interest of Osborn, 220 N.W.2d 632, 634 (Iowa We believe Mrs. Dell was properly allowed to express her opinion concerning where Jeremy should live. The objection Page 11 raised goes ......
  • Request a trial to view additional results

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