In the Interest of Rousselow

341 N.W.2d 760, 1983 Iowa Sup. LEXIS 1763
CourtSupreme Court of Iowa
DecidedDecember 21, 1983
Docket69570
StatusPublished
Cited by14 cases

This text of 341 N.W.2d 760 (In the Interest of Rousselow) 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 Rousselow, 341 N.W.2d 760, 1983 Iowa Sup. LEXIS 1763 (iowa 1983).

Opinions

McGIVERIN, Justice.

Marvin Rousselow appeals from the juvenile court’s entry of an order of adjudication of delinquency and disposition entered after the denial of a prior motion. He asserts that the court refused to exercise its discretion in denying his motion to suspend proceedings for the purpose of entering a consent decree in accordance with Iowa Code section 232.46(1) (1981) and thus its subsequent entry of an adjudication of delinquency should be vacated. We agree and, therefore, reverse.

The controlling issue of Rousse-low’s appeal turns upon the proper application of section 232.46(1) which provides in part:

1. At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.j7, the court may suspend the proceedings on motion of the county attorney or the child’s counsel, enter a consent decree, and continue the case under terms and conditions established by the court....

(Emphasis added.)

A “consent decree” for the purposes of section 232.46 is a juvenile court decree whereby the case may be continued, the child placed on probation under supervision, with the child being required to make restitution to the victim or performing a work assignment of equivalent value for the victim or state. Iowa Code section 232.46(1) (1983). If the county attorney objects to the entry of such decree, the court under section 232.46(2) shall determine the appropriateness of such decree after consideration of the objections thereto. If the child complies with the terms of the consent decree, the original petition may not be reinstated. Iowa Code § 232.-46(4). The result of a successful probation under a consent decree would be that the case be dismissed without an adjudication of delinquency against the child.

We now state the procedural facts that gave rise to the issue presented. A petition was filed on June 15, 1982, in juvenile court alleging that Marvin Rousselow was a delinquent child because he had committed second-degree robbery in violation of Iowa Code section 711.3 (1981). Rousselow was approximately seventeen years and two months old at the time, having been born on April 25, 1965.

An adjudicatory hearing, in accordance with Iowa Code section 232.47, was held before a juvenile court referee. At the hearing, the juvenile orally admitted the allegations of the petition. See Iowa Code § 232.43(1). The record reveals that this plea admitting the allegations was not the result of a negotiated plea agreement between the county attorney and the child or his counsel. The referee advised the juvenile of his rights, probed the juvenile’s understanding of the offense and the consequences of his plea, and thereafter found a factual basis for the plea in the juvenile’s detailed admission concerning the robbery. The record further shows that the juvenile received all of the procedural safeguards set forth in subsections 232.43(3)-(5). The referee then accepted the juvenile’s plea and entered a written finding of fact that “the juvenile did on June 1, 1982 commit Robbery in the Second Degree ... contrary to and in violation of Section 711.3 of the 1981 Iowa Criminal Code.”

The referee’s order, filed on September 14, further stated:

In view of the juvenile’s lack of prior criminal involvement and his apparent remorsefulness, the Court at this time withholds the entry of an adjudication of delinquency without prejudice to the court to enter the same at the disposition hearing should circumstances make it appropriate.

[763]*763The order also continued the case for approximately eight weeks during which time the juvenile was placed under the supervision of the Department of Juvenile Court Services which was instructed to prepare a social investigation and predisposition report. The juvenile was also directed to undergo evaluation at a psychiatric clinic.

On September 28, the juvenile court filed an order adopting the referee’s findings of fact, conclusions of law and judgment as its own.

On November 18, the scheduled disposi-tional hearing was held before the juvenile judge. See Iowa Code § 232.50. At the outset of the hearing, the predisposition and social investigation report, and a letter from the psychiatric clinic that examined the juvenile, were received into evidence.

The juvenile then moved under section 232.46 to suspend the proceedings for the purpose of entering a consent decree. Interpreting section 232.46(1), the court summarily denied the motion as untimely based on the rationale that “a consent decree cannot be entered after an adjudication hearing has taken place.” The court emphasized that an “adjudicatory hearing” had taken place even though the “adjudication of delinquency” had been ordered withheld. Rousselow unsuccessfully contended that his motion was timely under section 232.46 because it was being made prior to entry of an order of adjudication of delinquency.

Following the denial of the juvenile’s motion, the court first entered an order of adjudication of delinquency and then proceeded with the disposition of the juvenile. The guardianship of the juvenile was transferred to the Commissioner of the Iowa Department of Social Services for the purpose of placement at the State Training School at Eldora. However, actual transfer was ordered withheld. The juvenile was then placed under the supervision of the Black Hawk County Juvenile Court Services Department with physical placement remaining in the home of the juvenile’s mother. The juvenile was placed on probation with a provision that he continue counseling at the psychiatric clinic.

Rousselow appealed. Thereafter, on application of the county attorney, the district court dismissed the case because the juvenile had attained the age of majority on April 25, 1983.

I. Mootness. The dismissal of Rousse-low’s case presents the question of whether his appeal is now moot. We have consistently stated that a claim is moot if it “no longer presents a justiciable controversy because the issues involved are academic or nonexistent [and] judgment, if rendered, will have no practical legal effect upon the existing controversy.” Toomer v. Iowa Department of Job Service, 340 N.W.2d 594, 598 (1983).

Even though the juvenile’s case has been dismissed, we conclude that his principal claim on appeal, an allegation that the juvenile court refused to exercise its discretion in denying his motion for a consent decree and thereafter adjudging him a delinquent child, remains a justiciable controversy. The dismissal of Rousselow’s case was merely a formality recognizing the automatic statutory termination of the court’s dispositional order that would go into effect due to Rousselow having attained the age of majority. See Iowa Code §§ 232.53(1) — (2). We have held that a juvenile’s appeal is not mooted simply because he or she has reached the age of majority. In the Interest of Matzen,

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In the Interest of Rousselow
341 N.W.2d 760 (Supreme Court of Iowa, 1983)

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341 N.W.2d 760, 1983 Iowa Sup. LEXIS 1763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rousselow-iowa-1983.