Legal Opinion
In the Interest of J.L.
Court of Appeals of Iowa
Decided November 25, 2009No. 09-0945PublishedCited by 4 opinions
1Opinion of the CourtVogel, P.J.
J.L., L.R., and S.G. appeal from the district court’s ruling that they, through their attorney/guardian ad litem, could not object to the transfer of jurisdiction to a tribal court pursuant to Iowa Code section 232B.5 (2009). Because we find section 232B.5 violates the children’s due process rights under the United States and Iowa Constitutions, we reverse and remand for further proceedings.
I. Background Facts and Proceedings.
Since 2003, when S.G. tested positive for methamphetamine at birth, the children’s family has been involved with the Iowa Department of Human Services. Subsequently,…
2Cases cited31 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Albright v. OliverSupreme Court of the United States · 1994
- Santosky v. KramerSupreme Court of the United States · 1982
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
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3Cited by4 opinions
- In the Interest of D.S.Court of Appeals of Iowa · 2011
- In the Interest of C.A.V.Court of Appeals of Iowa · 2010
- In the Interest of T.F and T.F., Minor ChildrenSupreme Court of Iowa · 2022
- In the Interest of T.F and T.F., Minor ChildrenSupreme Court of Iowa · 2022