In the Interest of L.A.J.

495 N.W.2d 128, 1992 Iowa App. LEXIS 304, 1992 WL 425189
CourtCourt of Appeals of Iowa
DecidedNovember 30, 1992
Docket92-308
StatusPublished
Cited by1 cases

This text of 495 N.W.2d 128 (In the Interest of L.A.J.) is published on Counsel Stack Legal Research, covering Court of Appeals 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 L.A.J., 495 N.W.2d 128, 1992 Iowa App. LEXIS 304, 1992 WL 425189 (iowactapp 1992).

Opinion

HAYDEN, Judge.

L.A.J., a minor male born in August 1976, has been involved in the juvenile justice system for several years. In January 1991 a petition was filed charging L.A.J. as a delinquent for committing various illegal acts, including several burglaries, thefts, and assaults. In April 1991 an amended petition was filed charging L.A.J. as a delinquent for having committed the offense of fifth-degree theft, possession of marijuana, and third-degree sexual abuse. In August 1991 the juvenile court entered its order concerning the April petition. The court entered a dispositional order pursuant to Iowa Code section 232.52(2)(e) finding L.A.J. was a delinquent for committing the offenses listed. The court then transferred guardianship of L.A.J. to the director of human services for placement at *129 the training school in Eldora for stabilization. Upon stabilization, the court provided the department be relieved of its guardianship duties and the child be placed in a conduct disorder program at Marian Health Center. The court identified several facilities which have conduct disorder programs. Upon completion of this program, the child was then to be placed in an appropriate foster group care.

In January 1992 the parents of L.A.J. filed a request for appointment of counsel to represent their interests. The parents contended a conflict of interest existed. The trial court denied the request. In February 1992 the juvenile court, pursuant to a review hearing, determined the August disposition would remain in place. The juvenile has filed this appeal, contending the trial court erred in (1) ordering placements of the child in violation of juvenile code; (2) permitting successive placements without complying with the modification provisions of the juvenile code; and (3) failing to determine the juvenile’s indigent parents were entitled to appointed counsel.

The State argues the standard of review is for the correction of errors because only a partial transcript has been submitted. We find no merit in the State’s argument. Review of juvenile delinquency cases is de novo, and although we are not bound by juvenile court’s findings, we give weight to those findings. In re E.P., 478 N.W.2d 402, 403 (Iowa 1991) (citation omitted); Iowa R.App.P. 4.

I. Specific Placement. One issue on appeal is whether the dispositional order violates statutory provisions under chapter 232 of the Iowa Code governing juvenile delinquency dispositions. The juvenile argues the trial court ordered specific placements rather than just directing the type of placements. He also contends the court’s consecutive placements violated his rights because he will be transferred from one placement to another without a modification hearing.

A. In In re C.D.P. the Iowa Supreme Court held the juvenile court has the authority in juvenile delinquency dispositions to direct the type of placement the department is to make. In re C.D.P., 315 N.W.2d 731, 733 (Iowa 1982). However, the juvenile court lacks any authority to direct a specific placement. Id. In C.D.P. the supreme court found the juvenile court improperly ordered placement at a specific facility. Id. However, the supreme court stated the juvenile court “could have awarded custody to the department and directed that the child’s best interest demanded placement in a facility meeting the general description of the [institution specified].” Id. at 733. The juvenile court in this case stayed within this limitation as it directed placement of the juvenile under its conclusions of law. The court explicitly stated it was aware it could not order specific placements but had authority only to direct the type of placement. Although the court named specific facilities, its focus was on the conduct disorder programs which were offered at the facilities. The court merely used the names of the facilities as guideposts for placement of the juvenile in such a program.

Section 232.52(1) provides:
the court shall enter the least restrictive dispositional order appropriate in view of the seriousness of the delinquent act, the child’s culpability as indicated by the circumstances of the particular case, the age of the child, and the child’s prior record. The order shall specify the duration and the nature of the disposition, including the type of residence or confinement ordered and the individual, agency, department or facility in whom custody is vested.

Iowa Code § 232.52(1) (1991). The order properly specified the duration and nature of the disposition: “[t]his dispositional order shall remain in full force and effect until the juvenile’s 18th birthday unless it is earlier modified or terminated.” The court noted the severity of the case and the juvenile’s lengthy court record. It recommended serious consideration “ought to be given” to the placements. The juvenile court found the juvenile was in need of long-term treatment. The court believed long-term treatment should begin in a secure facility which offered a program that *130 could assess the juvenile’s amenability to further treatment in less-secure facilities. Thus the court transferred guardianship to DHS for placement in the state training school. The court recommended the juvenile be placed in a conduct disorder program after stabilization. The court went on to cite examples of facilities which had such a program. These examples provided further explanation of the type of treatment the court was ordering, .The court’s focus was on the type of program offered at such facilities. Upon completion of that type of program, the court ordered a foster group care setting. The placements ordered under the conclusions of law were proper.

Under its judgment and order, however, the juvenile court exceeded its authority and specified placement of the juvenile at the Marian Health Center rather than directing placement into a conduct disorder program.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the guardianship of the juvenile should be and hereby is placed with the Director of Human Services for placement at the Iowa State Training School for Boys, EI-dora, Iowa for stabilization as outlined above. When the behavior of the juvenile warrants it and an opening is available, the Department shall be relieved of its guardianship duties and shall retain care, custody, and control for placement of the juvenile at the conduct disorder program of Marian Health Center_ (emphasis added).

The court could have directed the child’s best interest demanded placement in a facility meeting the general description of the Marian Health Center or a facility which offered a conduct disorder program. See C.D.P., 315 N.W.2d at 733. It was improper, however, to specifically place the child at the Marian Health Center. See id. We reverse on this issue and remand to the trial court for further proceedings in accordance with this opinion.

B.

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Bluebook (online)
495 N.W.2d 128, 1992 Iowa App. LEXIS 304, 1992 WL 425189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-laj-iowactapp-1992.