Opinion
No. 4-888 / 04-1468
Filed January 13, 2005
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, District Associate Judge.
A mother appeals from the juvenile court order waiving reasonable efforts and denying her motion to reopen the record. APPEAL DISMISSED.
Suellen Overton, Council Bluffs, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd and Bruce Kempkes, Assistant Attorneys General, Matthew Wilber, County Attorney, and Jon Narmi, Assistant County Attorney, for appellee State.
William McGinn, Council Bluffs, for the father.
Roberta Megal, Public Defender's Office, Council Bluffs, for the children.
Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.
A mother appeals from the juvenile court order waiving reasonable efforts and denying her motion to reopen the record. The State has filed a motion to dismiss the appeal, arguing it was not a final order appealable as a matter of right and the mother failed to request interlocutory appeal.
The mother and her children have had a lengthy involvement with the juvenile court system. The three oldest children have been adjudicated in need of assistance three times, and the younger two have been adjudicated in need of assistance twice. The most recent adjudication occurred in May of 2004. In July 2004, the guardian ad litem filed an application for hearing to waive reasonable efforts. Following the hearing, the mother filed a motion to reopen the record. The court denied the mother's motion and waived the reasonable efforts requirement. The mother appeals.
Final orders are appealable as a matter of right. Iowa R. App. P. 6.1( 1). Interlocutory rulings can be appealed only with permission of the supreme court. Iowa R. App. P. 6.2. We first consider whether the mother's appeal is of a final order or is interlocutory.
An interlocutory order is "one that is not finally decisive of the case." Williams v. Bourne, 248 Iowa 189, 194, 79 N.W.2d 751, 754 (1956). An order is interlocutory if it directs an inquiry into a matter of fact preparatory to a final decision. In re W.D., III, 562 N.W.2d 183, 185 (Iowa 1997). A ruling is not final if the court intends to do something further to signify its final adjudication of the case, and a juvenile court order is not final unless it disposes of all the issues. In re C.S., 516 N.W.2d 851, 857 (Iowa 1994). A final judgment conclusively adjudicates all of the rights of the parties. Rowen v. LeMars Mut. Inc., 357 N.W.2d 579, 581 (Iowa 1984).
Reasonable efforts to reunite parent and child are required prior to the termination of parental rights. In re A.B., 554 N.W.2d 291, 294 (Iowa Ct.App. 1996). However, the reasonable efforts requirement may be waived in limited specific situations. Iowa Code § 232.102(12) (2003). Under Iowa Code section 232.102(12)(b), reasonable efforts may be waived where the court finds clear and convincing evidence that abuse or neglect constitutes imminent danger to the child as set forth in section 232.116(1)(i)(2). Where reasonable efforts have been waived in this manner, the county attorney is generally required to file a petition for termination of parental rights with respect to the child. Iowa Code § 232.111(2)(a)(2).
We conclude the juvenile court's order waiving the requirement of reasonable efforts and the mother's motion to reopen the record did not dispose of all of the issues in this case, and it did not conclusively adjudicate the rights of the parties. Under section 232.111(2)(a)(2), it is contemplated that a subsequent hearing will be held. See In re A.C., 443 N.W.2d 732, 733 (Iowa Ct. App. 1989). Under the circumstances of this case, there can be no disposition and "final" order until after the termination hearing. See In re W.D., III, 562 N.W.2d 183, 186 (Iowa 1997). If the juvenile court were not to order termination, the mother would not appeal. A.C., 443 N.W.2d at 733.
As a juvenile court order waiving reasonable efforts is not final, an application for interlocutory appeal was required to be filed. However, the mother's failure to file such an application is not alone grounds for dismissal. Iowa R. App. P. 6.1(4). Instead, we must consider the mother's appeal as an application for interlocutory appeal. Id. The application may be granted on finding that the juvenile court's ruling involves substantial rights and will materially affect the final decision and that a determination of its correctness before trial on the merits will better serve the interests of justice. Iowa R. App. P. 6.2(1).
Our supreme court has been very reluctant to allow interlocutory appeals in this manner. W.D., III, 562 N.W.2d at 186. Interlocutory appeals should rarely be permitted prior to a juvenile court's disposition. Id. Allowing an interlocutory appeal of a waiver of reasonable efforts order or an order denying a motion to reopen the record would unnecessarily delay decisions concerning placement of children. The reasonable efforts requirement was amended by Congress in order to place greater emphasis on the health and safety of the child, and to mandate a permanent home as early as possible. In re C.B., 611, N.W.2d 489, 493 (Iowa 2000). "These amendments not only reflect the critical role of reasonable efforts from the very beginning of intervention, but recognize a child's right to appropriate custodial care and the important element of time." Id. (emphasis added). Furthermore, where properly preserved, the issue of the waiver of reasonable efforts may be reviewed on appeal from any subsequent termination of parental rights order. See Cornell v. Goodfellow, 255 Iowa 1237, 1242, 125 N.W.2d 745, 748 (1964) (holding denial of application for interlocutory appeal is not approval of the ruling, but merely a refusal to review it in advance of final judgment). Accordingly, we decline to grant interlocutory appeal.