State ex rel. Wiley v. Richards
| Decision Date | 06 February 1962 |
| Docket Number | No. 50456,50456 |
| Citation | 113 N.W.2d 285,253 Iowa 679 |
| Parties | STATE of Iowa ex rel. Sam WILEY, Appellee, v. Kathryn RICHARDS and Mary Richards, Appellants. |
| Court | Iowa Supreme Court |
E. F. McEniry, Creston, for appellants.
E. L. Carroll, County Atty., Creston, for appellee.
This is a proceeding under chapter 232, Code of Iowa, I.C.A., wherein Kathryn Richards, age 12, and Mary Lou Richards, age 8, are alleged to be 'dependent and neglected children' within the purview of said chapter. After a hearing the trial court held they were dependent and neglected and committed them to the Annie Wittenmeyer Institution at Davenport, Iowa.
I. Section 232.2, Code 1958, I.C.A., defines a 'dependent child' or 'neglected child.' It lists seven situations, any one of which would establish the child as dependent or neglected. Under the instant record only two of them would be applicable. They are: 3) Is without proper parental care or guardianship; and 7) Is living under such other unfit surroundings as bring such child, in the opinion of the court, within the spirit of this chapter. Section 232.39 states this chapter shall be liberally construed to the end that its purpose may be carried out. In State ex rel. Roberts v. Johnson, 196 Iowa 300, 194 N.W. 202, we stated its purpose was to insure a child the care, custody and discipline that should be given by its parents. See also State v. Stemmler, 241 Iowa 417, 41 N.W.2d 21; McKay v. Ruffcorn, 247 Iowa 195, 73 N.W.2d 78; State ex rel. Gering v. Bird, 250 Iowa 730, 96 N.W.2d 100. While on an appeal, we review the case de novo, the chapter places considerable discretion in the trial court and its decision is entitled to substantial weight. State ex rel. Gilman v. Bacon, 249 Iowa 1233, 91 N.W.2d 395; State ex rel. Gering v. Bird, supra.
The trial court found, without pinpointing any certain reason, that the two girls were dependent and neglected. Under the record which was filed in the case, we would have difficulty upholding the trial court as it contains very little of the testimony taken at the hearing. We have, however, examined the transcript filed in the case and are not inclined to change the decision made.
Little is to be gained, and much damage might be done to the two girls, by a lengthy rehearsal of the facts. Suffice to say the record shows they live with their mother, their father having died. They have two brothers in the State Reform School. They are allowed to roam the streets late...
To continue reading
Request your trial
-
Morrison, In Interest of
...that should be given by its parents. State ex rel. Bruner v. Sanders, 256 Iowa 999, 1007, 129 N.W.2d 602; State ex rel. Wiley v. Richards, 253 Iowa 679, 680, 113 N.W.2d 285, 286, and citations. We are satisfied the intent and purpose of the legislature was not altered by the amendment, revi......
-
Yardley, In Interest of
...of the trial court but are not bound by them (rule 344(f), par. 7, Rules of Civil Procedure). In re Morrison and State ex rel. Wiley v. Richards, 253 Iowa 679, 113 N.W.2d 285, elaborate upon this proposition. It would seem peculiarly applicable in a matter of this '* * * the rule is well es......
-
State v. Anderson
...non-care providers. This is consistent with the traditional notion of what constitutes child abuse. See State ex rel. Wiley v. Richards, 253 Iowa 679, 680, 113 N.W.2d 285, 286 (1962) (purpose of juvenile code relates to care, custody, and discipline that parents should provide to Although c......
-
De Rocher, In Interest of, 54674
...395, 398 (1958); State ex rel. Gering v. Bird, 250 Iowa 730, 735-737, 96 N.W.2d 100, 103, 104 (1959); State ex rel. Wiley v. Richards, 253 Iowa 679, 680, 113 N.W.2d 285, 286 (1962); State ex rel. Bruner v. Sanders, 256 Iowa 999, 1007, 129 N.W.2d 602, 607 (1964); Stubbs v. Hammond, 257 Iowa ......