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In the Interest of J.B. and R.R., Minor Children
State of Iowa, Appellant
Attorney for Appellant State
Mackenzie L. Moran (argued), Assistant Attorney General
Guardians ad Litem
Jami J. Hagemeier (argued) and Nicole Garbis Nolan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, The Honorable Lynn Poschner, Judge. AFFIRMED. Heard at oral argument by Badding, P.J., and Chicchelly and Langholz, JJ., but decided en banc. Opinion by Langholz, J. Dissent by Schumacher, J. (18 pages)
The State appeals a juvenile court order transferring guardianship and custody of the children to their foster parents rather than the Iowa Department of Health and Human Services after termination of the parental rights of the children’s parents. The State argues that the juvenile court was required to appoint the Department as guardian under Iowa Code section 232.117(3) (2025) because the Department did not waive its priority. OPINION HOLDS: Section 232.117(3) gives the Department the highest priority in consideration among the four categories of potential guardians. But it authorizes the juvenile court to select from “any of” those categories. And like the rest of chapter 232, the court must consider the child’s best interest along with the order of priority in selecting the appropriate guardian. We thus reject the State’s argument on appeal that the juvenile court was mandated to appoint the Department as guardian merely because the Department had not waived its right to first-priority consideration. Because the State makes no other challenge to the juvenile court’s order, we affirm. DISSENT ASSERTS: I respectfully dissent from the majority opinion, as I disagree with the determination that Iowa Code section 232.117(3) does not require the court to place custody and guardianship with the Iowa Department of Health and Human Services following termination, absent waiver by the Department. I would reverse and remand with instructions to appoint the Department as the guardian and custodian of J.B. and R.R.
