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

• Court: United States State Supreme Court of Iowa
• Writing for the Court: Heard by REYNOLDSON; REES
• Citation: 220 N.W.2d 632
• Parties: In the Interest of Jerry OSBORN, a child. STATE of Iowa, Appellee, v. Donna McFARLAND, Mother, Appellant.
• Docket Number: No. 2--56755
• Decision Date: 31 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...