McCracken v. Iowa Department of Human Services

595 N.W.2d 779, 1999 Iowa Sup. LEXIS 131, 1999 WL 410446
CourtSupreme Court of Iowa
DecidedJune 3, 1999
Docket97-2133
StatusPublished
Cited by13 cases

This text of 595 N.W.2d 779 (McCracken v. Iowa Department of Human Services) 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
McCracken v. Iowa Department of Human Services, 595 N.W.2d 779, 1999 Iowa Sup. LEXIS 131, 1999 WL 410446 (iowa 1999).

Opinion

*781 LAVORATO, Justice.

In this judicial review proceeding, Jeffrey McCracken appeals from the district court ruling affirming the Iowa Department of Human Services’ refusal to expunge a founded child abuse report against him following a hearing before an administrative law judge (ALJ). Earlier, the department had conducted an investigation into the same incident, and after determining the abuse allegation was unfounded, it expunged the unfounded report. Given these circumstances, McCracken contends the department lacked authority to conduct the second investigation. He also contends the department deprived him of procedural due process at his hearing. We affirm.

I. In March 1995, the Des Moines police conducted an investigation into an allegation of sexual abuse against McCracken regarding his daughter, M.M. Phyllis Franklin, a department investigator, was investigating the same incident to determine whether such abuse had occurred. The incident allegedly took place in April 1993 while father and daughter were at home. M.M. was eleven years old at the time.

Charles Lewis, a Des Moines detective, and Franklin interviewed M.M. on March 9, 1995. According to M.M., McCracken asked her to put her hand down his sweatpants, and she refused. M.M. told Lewis and Franklin that McCracken said he was testing her to see if she would do anything because she had been staying after school with a male teacher. M.M. said she became upset and started to cry, at which point McCracken told her not to say anything to her mother because it was not anything that her mother would understand.

The Des Moines police never filed charges. They did, however, transfer the ease to the Carlisle authorities where the incident allegedly took place. The Carlisle authorities did not file charges against McCracken either.

Following her investigation, Franklin conferred with her supervisor, Stephen Gross. Both felt that McCracken’s conduct did not rise to the level of a founded report. Thereafter, Franklin filed an unfounded child abuse report on April 28, 1995. The department expunged the report pursuant to Iowa Code section 235A.19 (1995).

In September 1995, Cynthia Hardy, another department investigator, was investigating an unrelated allegation of physical abuse by M.M.’s mother regarding M.M. M.M. told Hardy that she would like to live with her father but could not because of the 1993 incident. M.M. volunteered to Hardy what had happened in that incident. According to what Hardy claims the child told her, McCracken confronted M.M. while she was in a bedroom. McCracken allegedly opened his sweatpants and asked M.M. to put her hand in his pants and to touch his penis. M.M. told Hardy that she refused her father’s request and that the incident frightened her.

Hardy discussed these allegations with Franklin and Gross. Apparently, Franklin was able to remember some of the details of her investigation, although her report was not available.

Hardy interviewed McCracken in the presence of his attorney. Hardy recounted what M.M. said had occurred between McCracken and M.M. Although the attorney would not allow McCracken to talk about M.M.’s specific allegations, McCracken did say that the sexual abuse had occurred three years ago. He also asked Hardy if she were aware of that fact. Hardy interpreted these statements to mean that the sexual abuse had in fact occurred, but it had occurred three years ago.

Hardy determined the sexual abuse that M.M. had alleged was founded with McCracken as the perpetrator. Hardy based this determination on two factors: (1) McCracken’s admissions, and (2) *782 M.M.’s credibility. Regarding the latter factor, Hardy noted that M.M.

was extremely credible due to the fact that the child wants very much to live with her father and therefore would not have talked about this sexual abuse were it not true. As stated above, the child was saying that she wanted to live with her father but knew she could not due to what he has done in the past. The child then elaborated.

In October 1995, the department notified McCracken that the allegation of sexual abuse was founded, and for that reason the department was placing his name on the child abuse registry. Shortly thereafter, McCracken filed a written notice of appeal regarding the department’s findings that McCracken had sexually abused M.M. McCracken requested a correction of the information and findings in Hardy’s founded report. The department reviewed Hardy’s report and confirmed the finding of sexual abuse. McCracken then made a timely written request for review of the department’s decision to place his name on the child abuse registry.

At the administrative hearing on this request, the ALJ questioned M.M. under oath via a telephone conference out of the presence of McCracken and others who were present at the hearing. M.M. testified that McCracken pulled his sweatpants out and told her to put her hand down his pants and she refused. M.M. testified further that McCracken said he was proud of her.

In his testimony, McCracken admitted that he told M.M. to put her hand down his sweatpants but denied he asked her to touch him. He denied any sexual intent. Rather, he explained his actions by saying that he wanted to make M.M. aware of what she could get herself into when she is alone with somebody she thinks she can trust. According to McCracken, what prompted the incident was M.M.’s insistence to be alone with a male teacher she thought she could trust. McCracken also admitted he told M.M. not to tell her mother about the incident. He, however, denied any bad motive in doing so. He testified his reasons for telling M.M. not to tell her mother was because the mother was always accusing him of having sexual affairs and he was afraid the mother would use the incident against him.

Franklin testified that, had she learned McCracken had solicited the child to touch him, she “would have made a founded eliciting sex” report. Franklin also testified that because of a child’s fear it is common for a child not to give much information on a first interview and that at a later time the child may be able to give more information.

Following the hearing, the ALJ filed a proposed decision affirming the department’s decision to deny correction or ex-pungement of Hardy’s founded abuse report. Thereafter, McCracken requested a review of the proposed decision and submitted written arguments to support his appeal. The department adopted the ALJ’s proposed decision as the department’s final decision.

Later, McCracken filed a petition for judicial review in the district court. In his appeal to the district court, McCracken contended that the department’s actions in reopening an unfounded child abuse investigation was in excess of its statutory authority. He also contended that he was denied procedural due process at his hearing before the ALJ because he was (1) unable to review the entire record, (2) unable to confront Hardy at the hearing, and (3) denied counsel at the state’s expense. The district court rejected these contentions, which McCracken now raises in his appeal to us.

II. In this administrative proceeding, we conduct our review in accordance with Iowa Code section 17A.19(8). Specifically, we review this case to determine whether the department has exceeded its statutory authority. See

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595 N.W.2d 779, 1999 Iowa Sup. LEXIS 131, 1999 WL 410446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccracken-v-iowa-department-of-human-services-iowa-1999.