In Re the Matter of the Guardianship of A.L.G.B., Minor Child. R.g-b., V.g-b and R.g-b.
16-1937
| Iowa Ct. App. | Jun 7, 2017Background
- Child A.L.G.B. born in Missouri in June 2014 and lived with mother Raney; brought to Iowa briefly, then returned to Missouri, then brought back to Iowa July 2015 to live with appellees while Raney sought addiction treatment.
- Appellees filed for temporary guardianship in Iowa on August 5, 2015; petition alleged the child was an Iowa resident but did not include the jurisdictional affidavit required by statute.
- Raney executed written consent and the court appointed appellees temporary guardians the same day, citing emergency protection of the child’s health and safety.
- More than six months later the court entered a final guardianship order (April 7, 2016) after noting the biological father was served and Raney reiterated consent.
- Raney moved to dismiss for lack of subject matter jurisdiction, arguing the court lacked proper temporary-emergency findings and the temporary order failed to state it could become final; district court denied the motion and Raney appealed.
Issues
| Issue | Plaintiff's Argument (Raney) | Defendant's Argument (Appellees) | Held |
|---|---|---|---|
| Whether temporary emergency jurisdiction satisfied statutory requirements | Temporary order lacked required findings and did not state it could become final, so court never obtained jurisdiction to enter final order | Temporary emergency jurisdiction existed initially; once Iowa became the child’s home state, court had jurisdiction to enter final order despite missing language in the temporary order | Held for Raney: because temporary order did not state it could become final, the court lacked subject matter jurisdiction to enter the final guardianship order |
| Whether a temporary emergency order may "ripen" into a final order without explicit language | Absent the statutory "if it so provides" language in the temporary order, it cannot ripen into a final determination | Ripening occurs once home-state status is achieved, regardless of temporary-order language | Court rejected appellees: both conditions in § 598B.204(2) are required; the temporary order must state it may become final |
| Whether subject matter jurisdiction can be waived by consent or delay | Subject matter jurisdiction cannot be waived; challenge may be raised anytime | Argued jurisdictional defect was cured when Iowa became the home state and parties effectively consented | Court: subject matter jurisdiction is statutory, cannot be waived; defect was fatal to final order |
| Entitlement to attorney fees | Raney sought fees under § 598B.312(1) as prevailing party | Appellees did not contest entitlement at appellate level | Court: Raney entitled to reasonable fees but must submit fee affidavit; remanded to determine amount |
Key Cases Cited
- In re E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012) (temporary emergency order must specify it may become a final custody determination)
- Maguire v. Fulton, 179 N.W.2d 508 (Iowa 1970) (statutes must be construed to give effect to every provision)
- State v. Madicino, 509 N.W.2d 481 (Iowa 1993) (subject matter jurisdiction is statutory and cannot be waived)