Tiano v. Palmer

621 N.W.2d 420, 2001 Iowa Sup. LEXIS 14, 2001 WL 40307
CourtSupreme Court of Iowa
DecidedJanuary 18, 2001
Docket99-0641
StatusPublished
Cited by10 cases

This text of 621 N.W.2d 420 (Tiano v. Palmer) 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
Tiano v. Palmer, 621 N.W.2d 420, 2001 Iowa Sup. LEXIS 14, 2001 WL 40307 (iowa 2001).

Opinion

CARTER, Justice.

Charles and Frankie Tiano (the Tianos), as parents and guardians of Vincent Tiano, a dependent adult with mental disabilities, appeal from an order affirming the Iowa Department of Human Services (DHS) decision altering a prior finding of that agency that certain individuals providing care to Vincent Tiano had abused him. The district court dismissed the petition for judicial review on the basis that the Tianos lacked standing. In the alternative, it concluded that the Tianos were given proper notice of the final hearing in the matter and that their failure to appear at that hearing precludes the granting of relief. After reviewing the record and considering the arguments presented, we conclude that the Tianos do have standing to pursue this challenge to the agency’s decision. We disagree with the district court’s alternative conclusion that on the record presented the Tianos were shown to have received adequate notice. We reverse the judgment of the district court.

In 1997 four of Vincent’s caretakers (in-tervenors herein) were alleged to have abused him. Pursuant to the procedures set forth in Iowa Code chapter 235B, DHS deemed those allegations to be founded. The names of intervenors Kristi Duncan (Dierking), Cory Purvis, Karen Wood, and Peggy Stevens were accordingly placed on the dependent adult abuse registry maintained by DHS.

Each of the four alleged abusers (inter-venors) filed an appeal from DHS’s finding of a founded allegation of dependent adult abuse. The Tianos were advised that that appeal had been taken. On June 30, 1997, the Tianos wrote the department of inspec *422 tions and appeals requesting an explanation of their rights concerning the interve-nors’ appeals. Neither the department of inspections and appeals nor DHS answered the Tianos’ letter.

The department of inspections and appeals scheduled an evidentiary hearing for all four intervenors. The hearing, originally scheduled for October 6, 1997, was changed. to February 23, 1998, but was later moved up to January 12, 1998. The Tianos contend that they received the first two hearing notices but did not receive the notice moving the hearing to January 12, 1998.

On January 12, 1998, a hearing was held before an administrative law judge. The Tianos did not appear at that hearing. The administrative law judge issued a proposed decision reciting that the issues between the intervenors and DHS had been resolved pursuant to a settlement agreement. In that agreement, DHS consented to (1) reduce the findings of dependent adult abuse concerning Kristi Duncan (Dierking) and Cory Purvis from “founded” to “unfounded,” (2) reduce the findings of dependent adult abuse concerning Karen Wood and Peggy Stevens from “founded” to “undetermined,” and (3) remove the intervenors’ names from the registry.

On January 22, 1998, the Tianos requested the director of DHS to review the administrative law judge’s decision, alleging they had not received notice of the January 12, 1998 hearing. In lieu of issuing a final decision, DHS Director Palmer ordered a limited remand. The director concluded that the Tianos had standing to participate in the appeal process and ordered the administrative law judge to conduct an evidentiary hearing on the limited issue of whether they had received proper notice of the January 12, 1998 hearing.

After an evidentiary hearing, the administrative law judge issued a proposed decision finding that proper notice of the January 12, 1998 hearing had been given to the Tianos. The Tianos requested the agency to review the proposed decision. The agency’s final decision upheld the settlement agreement between DHS and the intervenors and adopted the administrative law judge’s proposed decision concerning the issue of notice to the Tianos.

The Tianos filed a petition for judicial review. The district court dismissed that petition, finding that the Tianos lacked standing. In an alternative ruling, the district court upheld DHS’s determination that the Tianos had been given adequate notice of the January 12, 1998 hearing.

I.The Standing Issue.

Iowa Code section 235B.10 (1997) provides:

1. Any person or that person’s attorney shall have the right to examine dependent adult abuse information in the registry which refers to that person. The registry may prescribe reasonable hours and places of examination.
2. A person may file with the department within six months of the date of the notice of the results of an investigation, a written statement to the effect that dependent adult abuse information referring to the person is in whole or in part erroneous, and may request a correction of that information or of the findings of the investigation report. The department shall provide the person with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the information or the findings, unless the department corrects the information or findings as requested....
3. The decision resulting from the hearing may be appealed to the court of Polk county by the person requesting the correction or to the court of the district in which the person resides.

The Tianos urge that the words “a person referred to” in a dependent child abuse report include the victim or his guardians. DHS agrees with this argument. Only the intervenors argue to the contrary.

*423 The district court adopted the argument made by the intervenors and concluded that the Tianos did not have standing. In so doing, the district court relied on Kruse v. Iowa Department of Human Services, 500 N.W.2d 455 (Iowa App.1993). In Kruse the court of appeals examined a child abuse provision that includes substantially the same wording as Iowa Code section 235B.10. That statute provided:

1. Any person or that person’s attorney shall have the right to examine child abuse information in the registry which refers to that person. The registry may prescribe reasonable hours and places of examination.
2. a. A person may file with the department within six months of the date of the notice of the results of an investigation required by section 232.71, subsection 7, a written statement to the effect that child abuse information referring to the person is in whole or in part erroneous, and may request a correction of that information or of the findings of the investigation report. The department shall provide the person with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the information or the findings, unless the department corrects the information or findings as requested.

Iowa Code § 235A.19 (1991). The court of appeals concluded that “a person” as used in the statute refers only to the person accused of child abuse and that only the alleged abuser may request a correction of the abuse report or participate in an evi-dentiary hearing. Kruse, 500 N.W.2d at 459.

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621 N.W.2d 420, 2001 Iowa Sup. LEXIS 14, 2001 WL 40307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tiano-v-palmer-iowa-2001.