We begin by determining whether we can hear Dad's appeal. Although an untimely appeal from a termination-of-parental-rights (TPR) order results in dismissal of the appeal, seeIn re J.H. , 952 N.W.2d 157, 165 (Iowa 2020), we recently extended our delayed appeal jurisprudence involving criminal appeals to TPR appeals under limited circumstances, seeIn re W.M. , 957 N.W.2d 305 (Iowa 2021) (granting father a delayed appeal when his notice of appeal was filed two days late); In re A.B. , 957 N.W.2d 280 (Iowa 2021) (granting father a delayed appeal when the petition on appeal, required to perfect his appeal under rule 6.201(3), was filed two days late). In the TPR context, we said a delayed appeal is proper "only where the parent clearly intended to appeal," the "failure to timely perfect the appeal was outside of the parent's control," and the delay was "no more than negligible."
We noted that a delayed appeal would be available "only where the parent clearly intended to appeal and the failure to timely perfect the appeal was outside of the parent's control." Id. (quoting In re A.B. , 957 N.W.2d 280, 292 (Iowa 2021) ). We further emphasized that the delay must be "no more than negligible" and would not prolong the appeal process.
PER CURIAM. On April 2, 2021, we reversed the termination of Mom's parental rights to three children, A.B., A.C.1, and A.C.2, in In re A.B. , 957 N.W.2d 280, 299 (Iowa 2021). This appeal involves Mom's fourth child, A.W., born in April 2020 and adjudicated a child in need of assistance (CINA) shortly thereafter.
This term we determined delayed appeals may be appropriate in termination-of-parental-rights cases depending on the circumstances. In re A.B. , 957 N.W.2d 280, 291–93 (Iowa 2021). We have also stated that "[t]he same federal constitutional considerations which have forced us to recognize delayed appeals in criminal cases are potentially applicable in some civil settings."
See, e.g., State v. Anderson, 308 N.W.2d 42, 44 (Iowa 1981); Horstman v. State, 210 N.W.2d 427, 430 (Iowa 1973); State v. Wetzel, 192 N.W.2d 762, 764-65 (Iowa 1971). This term we determined delayed appeals may be appropriate in termination-of-parental-rights cases depending on the circumstances. In re A.B., 957 N.W.2d 280, 291-93 (Iowa 2021). We have also stated that "[t]he same federal constitutional considerations which have forced us to recognize delayed appeals in criminal cases are potentially applicable in some civil settings."
These expedited deadlines are an acknowledgment of the profound interests and time sensitivity at stake in parental-termination cases. See In re A.B., 957 N.W.2d 280, 291 (Iowa 2021). To Lipski's client, who had just lost the right to parent her child, even the short delay with the filings prevented review of her appeal on the merits.
We recently elected to allow delayed appeals in termination-of-parental-rights cases for "negligible" delays when "the parent clearly intended to appeal and the failure to timely perfect the appeal was outside of the parent's control." In re A.B. , 957 N.W.2d 280, 292–93 (Iowa 2021).
In re Marriage of Mantz, 266 N.W.2d 758, 759 (Iowa 1978). Since both legal and pragmatic reasons dictate that we not take up the merits of appeals filed beyond the mandatory deadlines, see In re A.B., 957 N.W.2d 280, 301-05 (Iowa 2021) (McDermott, J., concurring in part and dissenting in part), I would not consider the merits as the majority does under our ever-expanding "delayed appeal" jurisprudence. Jackson-Douglass claims that his lawyer provided ineffective assistance of counsel in failing to timely file the notice of appeal on his behalf.
We are expanding our jurisprudence on permitting appeals filed after the jurisdictional deadline at a rapid clip; by my count, this is our fourth such case in recent months. SeeIn re W.T. , 967 N.W.2d 315 (Iowa 2021) ; In re A.B. , 957 N.W.2d 280 (Iowa 2021) ; In re W.M. , 957 N.W.2d 305 (Iowa 2021). With each exception that we make to our appeal deadlines, we introduce uncertainty and arbitrariness in deadlines relied on by bench and bar to provide clarity and uniformity.
I concur in the majority's opinion as to the mother's appeal and remanding for termination of the mother's parental rights. But I respectfully dissent from the majority's grant of the untimely appeal by W.D.’s father and would dismiss his appeal for lack of jurisdiction for the reasons stated in my concurrence in part and dissent in part in In re A.B. , 957 N.W.2d 280, at 301–05 (Iowa 2021). W.D.’s father admits he failed to file his notice of appeal within the deadline as required by Iowa Rule of Appellate Procedure 6.101.