In the Interest of L.M.

654 N.W.2d 502, 2002 Iowa Sup. LEXIS 259
Supreme Court of Iowa·Decided December 18, 2002·No. No. 02-0301·Published·Cited by 28 cases

Opinion

TERNUS, Justice.

The juvenile court terminated the parental rights of S.M., appellant, to her two children, L.M. and D.M. The termination order was affirmed by the court of appeals. We granted further review to consider the mother’s challenge to the expedited procedures for appeal in termination cases and her ineffective-assistance-of-counsel claim. Upon our review of the arguments of the parties, we affirm.

I. Background Facts and Proceedings.

S.M. is the mother of two children, L.M., born in June 1998, and D.M., born in December 1996. The children were adjudicated in need of assistance in late 1998, based on findings that the mother had left the children home alone on several occasions and did not provide the children adequate nutrition. They were placed in the temporary custody of their maternal grandmother.

Despite services provided to the mother, the State concluded she had not made sufficient progress. So, in November 1999, the State filed a petition to terminate S.M.’s parental rights. The children were removed from their grandmother’s care and placed in a foster home. Thereafter, the juvenile court entered an order terminating S.M.’s parental rights. This order was reversed by the court of appeals, however, for reasons that are not germane to the present appeal. On March 14, 2001, the court of appeals remanded the case to the juvenile court to proceed in the best interest of the children.

Upon remand, the State made numerous attempts to provide services to the mother. Having little success, the State filed a second petition to terminate parental rights on August 30, 2001. After hearing, the juvenile court again terminated the mother’s parental rights, concluding the prerequisites for termination under section 232.116(l)(e) and (g) had been met. See Iowa Code § 282.116(l)(e), (g) (2001).

S.M. filed an appeal under the expedited procedures set forth in the Iowa Rules of Appellate Procedure. See generally Iowa Rs.App. P. 6.5(2), .6(3)-(4), .10(2), .151-.154. The court of appeals affirmed the termination order and this court granted further review.

II. Issues on Appeal.

S.M. raises five issues on appeal: (1) there was not clear and convincing evidence that her children could not be returned to her care; (2) the State did not provide reasonable services to her in an effort to reunite the family; (3) the services offered by the State did not reasonably accommodate her mental disability; (4) the reduced time for filing a notice of appeal in termination-of-parental rights cases violates her right to equal protection; and (5) the preparation and filing of a brief within the shortened time period allowed in termination cases is per se ineffective assistance of counsel.

Although we have reviewed the record and carefully considered all issues raised by the mother in her application for further review, we will limit our discussion in this opinion to the equal protection and ineffective-assistance-of-counsel claims. With respect to the other three issues, we conclude they pose no legal impediment to termination and, upon our de novo review, we concur in the juvenile court’s termination decision. Any additional discussion in this opinion would not add to the analysis or discussion in the prior opinions of the court of appeals and juvenile court.

[505]*505III. Equal Protection.

Our review of claims under the Equal Protection Clause is de novo. See In re C.M., 652 N.W.2d 204, 209 (Iowa 2002). The party mounting an equal protection challenge to a rule must “negate every reasonable basis” upon which the rule could be sustained. Bowers v. Polk County Bd. of Supervisors, 638 N.W.2d 682, 688 (Iowa 2002).

The Fourteenth Amendment prohibits a state from “denying] to any person within its jurisdiction the equal protection of the laws.” U.S. Const, amend. XIV, § 1. This constitutional provision “requires that similarly-situated persons be treated alike.” Bowers, 638 N.W.2d at 689. It also requires that any classification of persons be justifiable under the applicable constitutional standard. Id. When “the challenged statute classifies persons in terms of their ability to exercise a fundamental right or when it classifies or distinguishes persons by race or national origin,” the State must show “that the classification is narrowly tailored to serve a compelling government interest.” In re Detention of Williams, 628 N.W.2d 447, 452 (Iowa 2001). Where a suspect class or fundamental right is not involved, the State need'only show it has a rational basis for the classification. Bowers, 638 N.W.2d at 689.

Here, the mother claims the strict scrutiny standard applies because the appeal affects her “fundamental ‘liberty interest in the care, custody and control of her child.’ ” See In re K.M., 653 N.W.2d 602, 607 (Iowa 2002) (citation omitted). A question with respect to the standard to be applied under the Equal Protection Clause also arose in In re C.M., 652 N.W.2d at 210, a case in which the mother, as here, challenged the abbreviated procedures for termination cases. In In re C.M., we noted the possibility that the strict scrutiny standard applied due to the involvement of a fundamental right. Id. We also pointed out, however, that the right directly affected — the right to an appeal — was not fundamental and only warranted an examination of the rules for purposes of ascertaining a rational basis for the classification. Id. As in In re C.M., we need not resolve this question because even under the more exacting standard, the challenged rules pass constitutional muster.

Our decision in In re C.M. provides helpful guidance. In that case, the mother claimed “the use of a petition on appeal in lieu of full briefing violate[d] her right to equal protection of the law by restricting her access to the appellate courts in comparison to appellants in other civil and criminal cases.” Id. at 209. Our court rejected this challenge, holding that “the State’s interest in obtaining a permanent home for a child as soon as possible is a compelling governmental interest.” Id. at 211. We also concluded “that the expedited procedure embodied in the appellate rules is narrowly tailored to address the State’s compelling interest.” Id. Accordingly, we found no equal protection violation. Id.

The challenge to the rules made in the present case is a variation of the one asserted in In re C.M! Here, the mother focuses on the reduced time for filing a notice of appeal in termination-of-parental-rights cases as compared to the time allowed in other types of appeals. Under Iowa Rule of Appellate Procedure 6.5(2), an appellant in a termination case has only fifteen days, rather than the usual thirty days, to file a notice of appeal. Compare Iowa R.App. P. 6.5(2); with Iowa R.App. P. 6.5(1).

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In the Interest of L.M., 654 N.W.2d 502, 2002 Iowa Sup. LEXIS 259 (iowa 2002).

654 N.W.2d 502 (In the Interest of L.M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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