State v. Iowa Dist. Court for Warren Cnty.

• Citation: 828 N.W.2d 607
• Decision Date: 22 March 2013
• Docket Number: No. 11–2031.,11–2031.
• Parties: STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR WARREN COUNTY, Defendant.
• Court: United States State Supreme Court of Iowa

828 N.W.2d 607

STATE of Iowa, Plaintiff,

v.IOWA DISTRICT COURT FOR WARREN COUNTY, Defendant.

No. 11–2031.

Supreme Court of Iowa.

March 22, 2013.

Thomas J. Miller, Attorney General, Charles K. Phillips and Bruce L. Kempkes, Assistant Attorneys General, John W. Criswell, County Attorney, and Douglas A. Eichholz and Karla J. Fultz, Assistant County Attorneys for plaintiff.

Jane M. White of Pargulski, Hauser & Clarke, P.L.C., Des Moines, for defendant.

MANSFIELD, Justice.

This case asks us to consider the juvenile court's authority in a delinquency proceeding to enter a consent decree, over the State's objection, placing a child in the legal custody of juvenile court services, with the department of human services as payment agent, for purposes of placement in a residential facility. For the reasons set forth herein, we conclude the legislature did not grant this authority to juvenile courts in Iowa Code section 232.46, and therefore we sustain the writ of certiorari, affirm the decision of the court of appeals, and remand this case for further proceedings consistent herewith.

I. Background Facts and Proceedings.

After receiving reports that fifteen-year-old J.W.R. and his thirteen-year-old brother engaged in sex acts with their twelve-year-old sister, the State filed a petition in March 2011, alleging that J.W.R. committed the delinquent acts of sexual abuse in the third degree and incest.¹ J.W.R. was removed from the family home and detained at the Polk County Juvenile Detention Center. During the pendency of the proceeding, J.W.R. was moved first to the Polk County Youth Shelter and then to Four Oaks, a shelter located in Iowa City. This placement outside J.W.R.'s home was based on the court's concern for the safety of the juvenile's sister, who still lived at home, and concern that J.W.R. might reoffend in a less restrictive environment. On October 19, 2011, J.W.R. entered an Alford plea to the incest allegation, and the State dismissed the sexual abuse charge.

A juvenile court officer (JCO) recommended J.W.R. be adjudicated a delinquent and placed in a residential treatment facility for sex offenders. The JCO's recommendation was based partly on an evaluation of J.W.R. by a psychologist who diagnosed J.W.R. with Asperger's disorder and found that J.W.R. “was not safe out in the community given his level of accepted responsibility, impulsivity and his general denial.” The JCO added that he had been “asked if a Consent Decree would be appropriate for [J.W.R.], unfortunately, there is not a section in the Code that allows a transfer of custody and placement for children under a Consent Decree.”

At the dispositional hearing during the afternoon following J.W.R.'s Alford plea of guilty, J.W.R. offered the testimony of a child psychiatrist, Dr. Kevin Took, who had reviewed the mental health records and met with J.W.R. Dr. Took generally concurred in the diagnosis of J.W.R., although he preferred to describe it as pervasive developmental disorder not otherwise specified (PDD–NOS).² He strongly recommended against placing J.W.R. in a sex offender treatment facility. He concluded that because of J.W.R.'s developmental disorder and his lack of history of other inappropriate sexual behavior, he would likely be victimized himself or learn more inappropriate sexual behavior if placed in such a facility. Dr. Took opined that a community-based program focusing on improving all of J.W.R.'s social skills would be the most effective and appropriateunder the circumstances. Dr. Took recommended either a family placement or, if no family placement was available, foster care.

J.W.R. requested the court to enter a consent decree pursuant to Iowa Code section 232.46. The State argued that J.W.R. should be adjudicated a delinquent and placed in a residential treatment facility. The State maintained that “if the Court decides to place [J.W.R.],” a consent decree would be inappropriate.

The juvenile court issued a consent decree on October 21, 2011, withholding adjudication that J.W.R. had committed a delinquent act. The court directed that J.W.R. be placed under the supervision of juvenile court services to receive a treatment program. It ordered that J.W.R. remain in the Iowa City youth shelter pending placement in a relative's home or a foster home. The court also indicated that a further hearing would occur on November 17.

The State filed a motion to enlarge, arguing that the court did not have the authority to place J.W.R. outside the family home under a consent decree, citing In re C.D.P., 315 N.W.2d 731 (Iowa 1982), and Iowa Code sections 232.46 and 232.57. The juvenile court then issued an order on November 15 reaffirming that “placement outside of the family home is an option which should be considered” and noting that it would also consider placing J.W.R. in a psychiatric medical institute (PMI) for children.

Further hearings were held in late November and early December. The JCO had supplemented his predisposition report after exploring various placement options for J.W.R. The JCO reported that J.W.R. could not be placed back into his own home because the victim was living there and a no-contact order was in place. J.W.R.'s father was willing to take custody of J.W.R., but the father's work schedule would have left J.W.R. unsupervised for most of the day. J.W.R.'s aunt and uncle also expressed an interest in providing J.W.R.'s care, but J.W.R.'s brother had already been placed with them. Because the two boys had acted together in committing the offenses against their sister, it was not recommended that they live together. The JCO had also investigated the possibility of other individual foster care placements, but at that time there were no foster homes willing or available to match J.W.R.'s needs or circumstances. Three potential PMI placements had also declined because J.W.R. needed sex offender treatment.

JCO had located two group foster care placements that he found suitable for J.W.R. As he explained, “Both programs specialize in sex offending issues and have or did have clients with diagnosis of Pervasive Development Disorder/Asperger's.” The JCO therefore recommended that J.W.R. be placed in either of these residential treatment/group foster care facilities. The JCO noted that these programs do not necessarily use a “Positive Peer Culture” and therefore would not raise the concerns voiced by Dr. Took about J.W.R. being subject to abuse or learning behavior from other sex offenders.

On December 5, 2011, over the State's objection that it lacked authority to do so, the court continued the consent decree and ordered J.W.R. placed in a group foster care facility. Specifically, the juvenile court ordered:

Adjudication is withheld and the child shall remain on his Consent Decree as previously ordered by the Court.

The child is placed in the temporary legal custody of Juvenile Court Services, with the Department of Human Services as payment agent, for the purposes of placement in residential treatment.

The State filed a petition for writ of certiorari, contending the juvenile court exceeded its authority by entering a consent decree that placed J.W.R. in residential treatment. We granted the writ and transferred the case to the court of appeals. The court of appeals sustained the writ of certiorari, reasoning: “In the instant case, the juvenile court ordered legal custody of [J.W.R.] to juvenile court services with the DHS ‘as payment agent’ for purposes of placement in residential treatment. This disposition is not permissible under section 232.46.” One judge on the panel dissented. J.W.R. sought further review, and we granted his application.

II. Scope of Review.

Certiorari is appropriate when a lower court or tribunal has exceeded its authority or otherwise acted illegally. Iowa Ct. R. 1.1401, Fisher v. Chickasaw Cnty., 553 N.W.2d 331, 333 (Iowa 1996). Our review is for corrections of errors at law. State Pub. Defender v. Iowa Dist. Ct., 747 N.W.2d 218, 220 (Iowa 2008). “Illegality exists when the court's findings lack substantial evidentiary support, or when the court has not properly applied the law.” Id. (citation and internal quotation marks omitted).

III. Discussion.

When a juvenile is believed to have committed a delinquent act, the county attorney may initiate judicial proceedings by filing a petition. Iowa Code § 232.35(1) (2011). The “consent decree,” however, provides a way for those proceedings to be suspended short of an adjudication of delinquency:

At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.47, the court may suspend the proceedings on motion of the county attorney or the child's counsel, enter a consent decree, and continue the case under terms and conditions established by the court. These terms and conditions may include prohibiting a child from driving a motor vehicle for a specified period of time or under specific circumstances, or the supervision of the child by a juvenile court officer or other agency or person designated by the court, and may include the requirement that the child perform a work assignment of value to the state or to the public or make restitution consisting of a monetary payment to the victim or a work assignment directly of value to the victim.

Id.§ 232.46(1).

The consent decree may remain in force for up to a year and may be extended for a second year. Id.§ 232.46(4). If the child fails to comply with the terms and conditions, he or she may be “held accountable as if the consent decree had never been entered.” Id.§ 232.46(5). However, if the child complies with the terms and conditions for the required time, the original petition may not be reinstated and the child may not be proceeded against for any delinquent act alleged in the petition. Id.§ 232.46(5)–(6).

The consent decree is essentially a bipartite arrangement between the juvenile court and the allegedly delinquent child that is...