In the Interest of T.R.

Summary

The Iowa Supreme Court considered whether a child-in-need-of-assistance permanency order changing physical custody and directing the county attorney to initiate termination-of-parental-rights proceedings was a final appealable order. The court held that both provisions were interlocutory because custody remained dependent on the subsequent termination proceedings and final placement determination. The court denied permission for an interlocutory appeal and dismissed the appeal.

Holdings

1. An order directing the county attorney to initiate termination-of-parental-rights proceedings is interlocutory, not a final appealable judgment.
2. The change-of-custody provision was not final because it was temporary, dependent upon, and intertwined with the termination proceeding and would be subsumed in the final termination order.
3. The court denied permission for an interlocutory appeal because the custody order would not materially affect the final decision and review before the termination proceeding would not better serve the interests of justice.

Questions Presented

1. Whether the juvenile court permanency order directing the county attorney to file a termination-of-parental-rights petition was a final appealable order.
2. Whether the permanency order's change-of-custody provision was final and independently appealable.
3. Whether the appeal should be treated as an application for interlocutory appeal and granted under Iowa Rule of Appellate Procedure 6.2.

Disposition

dismissed