In the Interest of H.N.B.

619 N.W.2d 340, 2000 Iowa Sup. LEXIS 218
CourtSupreme Court of Iowa
DecidedNovember 16, 2000
DocketNo. 00-97
StatusPublished
Cited by20 cases

This text of 619 N.W.2d 340 (In the Interest of H.N.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of H.N.B., 619 N.W.2d 340, 2000 Iowa Sup. LEXIS 218 (iowa 2000).

Opinion

CADY, Justice.

Byron and Christina Loft appeal from an order by the district court denying their motion to intervene in a parent-child termination proceeding. We affirm the district court.

I. Background Facts and Proceedings.

Byron and Christina Loft are kind and caring people who sought to intervene in this parent-child termination action after the juvenile court entered an order terminating parental rights to the children in interest. The Lofts had been foster parents to one of the children for a period of time prior to the termination action, and sought to intervene to seek custody and guardianship of the children for the ultimate purpose of adopting them.

The children in interest are sisters, who have been identified as H.N.B. and A.J.B. H.N.B. was born March 12, 1996, and A.J.B. was born October 26, 1997. Both children are enrolled members of the Rosebud Sioux Tribe of South Dakota. They share the same natural mother and [342]*342father, whose parental rights were terminated on April 16, 1999. The termination orders are not at issue in this appeal.1 The Lofts filed their motion to intervene and application for custody and guardianship on June 11,1999.

Byron is an enrolled member of the Canadian Tribe of the Mohawks of the Bay of Quinte. Although this tribe is a member of the Six Nations Confederacy,2 it is not federally recognized by the United States Secretary of the Interior. Christina is Caucasian and suffers from Crohn’s disease. Both of the Lofts are thirty-two years old. The Iowa Department of Human Services recognizes the Loft home as a Native American foster family. They were foster parents to H.N.B. for approximately nine months. This foster care placement ended in May 1997.

On June 28, 1999, Carleton and Shirley Helseth filed a motion to intervene and an application for custody and guardianship of H.N.B. and A.J.B. Like the Lofts, they too are kind and caring people who have opened their home for foster care. The children have been in the Helseths’ foster care home since March 4, 1998, and have developed a strong bond with them.

Carleton is a doctor at Grandview Medical Center in Sioux City, while Shirley is a registered nurse. Shirley stopped working after H.N.B. and A.J.B. were placed in the Helseths’ care. Carleton is seventy-one years of age and has been diagnosed with Parkinson’s disease. Shirley is fifty-one years old. They are both Caucasian. The Helseths’ home is a licensed foster family home.

The Rosebud Sioux Tribe filed a motion to transfer jurisdiction and dismiss on August 6, 1999, arguing the Indian Child Welfare Act [hereinafter ICWA] governed the proceedings. The district court consolidated all of the pending motions and held a hearing. After the presentation of the evidence, the Lofts withdrew their guardianship application.

The district court denied the Rosebud Sioux Tribe’s motion to transfer jurisdiction and dismiss, finding that good cause existed to modify the preferences of the ICWA. The district court also denied the Lofts’ motion, but granted the Helseths’ motion to intervene and ordered guardianship and custody of the children to be transferred to the Helseths. The court noted that the Helseths had established a substantial family relationship with H.N.B. and A.J.B., and that the children’s natural mother requested that the children stay with the Helseths.

The Lofts appealed, advancing several arguments, including that the district court erroneously denied their motion to intervene. The Lofts claim they are sufficiently interested in the litigation before this court, especially considering the provisions of the ICWA, and therefore have a right to intervene. The Lofts also allege a variety of claims related to the failure of the district court to follow the preferences of the ICWA.

The Rosebud Sioux Tribe has not appealed. However, the Tribe has filed a position statement with this court, requesting that H.N.B. and A.J.B. be placed with the Lofts if the court refuses to return them to the Tribe.

II. Scope of Review.

Our review of a denial of a motion to intervene is for the correction of errors at law. In re A.G., 558 N.W.2d 400, 403 (Iowa 1997); In re 514 N.W.2d 425, 426 (Iowa 1994). Although our review is on error, we accord some discretion to the district court. AG., 558 N.W.2d at 403; B.B.M., 514 N.W.2d at 426. The [343]*343district court exercises this discretion when determining whether an applicant intervenor is “interested” in the litigation before the court. A.G., 558 N.W.2d at 403.

III. The Right of Intervention.

The fundamental and paramount issue we face in this case is whether the Lofts have a right to intervene. Iowa Rule of Civil Procedure 75 delineates who is generally entitled to intervention.3 Rule 75 provides “[a]ny person interested in the subject matter of the litigation, ..., may intervene at any time before trial begins .... ” Iowa R. Civ. P. 75. Although we are to liberally construe the rule of intervention, we must be certain that the applicant has asserted a legal right or liability that will be directly affected by the litigation. In re J.R., 315 N.W.2d 750, 752 (Iowa 1982).

In determining whether an applicant has a legal interest, we examine the source of the right claimed. A.G., 558 N.W.2d at 403. An indirect, speculative, or remote interest will not provide one a right to intervene. Id.-, see 59 Am.Jur.2d Parties § 134, at 591-92 (1987) (to have an interest in an action, a person must assert more than a mere general interest in the subject matter of the litigation); 67A C.J.S. Parties § 75, at 815 (1978) (same). Thus, the mere interest or desire to adopt a child will not qualify as a sufficient interest. B.B.M., 514 N.W.2d at 427 (noting that if such an interest were found sufficient, an unlimited number of people would be entitled to intervene); In re C.L.C., 479 N.W.2d 340, 344 (Iowa App.1991) (same). On the other hand, statutes often provide the best guidance in determining who possesses the right to intervene. 59 Am. Jur.2d Parties § 133, at 587 (“[t]he right of intervention depends largely on the construction of the particular statute or rule under consideration”); see also AG., 558 N.W.2d at 403 (statute may support right to intervention if the right will be directly affected by the outcome of the suit).

Section 232.117(3) of the Iowa Code is the statute applicable to this matter. It provides in pertinent part:

If the court terminates the parental rights of the child’s parents, the court shall transfer the guardianship and custody of the child to one of the following:
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c. A parent who does not have physical care of the child, other relative, or other suitable person.

Iowa Code § 232.117(3) (1999) (emphasis added).

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619 N.W.2d 340, 2000 Iowa Sup. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-hnb-iowa-2000.