IN THE INTEREST OF D.H., Minor Child, D.H., Appellant.
from the Iowa District Court for Clarke County, Monty W.
Franklin, District Associate Judge.
interstate juvenile runaway appeals the juvenile court's
order placing the juvenile in secure detention pursuant to
the Interstate Compact for Juveniles.
D. Zinkula of Booth Law Firm, Osceola, for appellant.
J. Miller, Attorney General, and Charles K. Phillips,
Assistant Attorney General, for appellee State.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
appeals a detention order placing D.H. in secure detention
pursuant to the Interstate Compact for Juveniles (ICJ). The
State claims the issue is moot now that D.H. has been
returned to Nevada. D.H. claims an exception to the mootness
doctrine should apply. Because the juvenile court failed to
exercise its discretion, we reverse.
Background Facts and Proceedings.
March 7, 2017, the juvenile court officer for Clarke County,
Iowa filed an application for the detention of D.H. The
application alleged D.H. was being held under a pick-up
warrant for another jurisdiction because D.H. was reported as
a runaway from the state of Nevada. On March 8, a detention
hearing was held, and D.H. agreed to be extradited to Nevada.
the hearing, D.H. requested shelter care in place of secure
detention, citing Iowa Administrative Code chapter 143. In
response, the court stated:
[B]y adopting the ICJ, the State of Iowa has agreed to abide
by the rules and requirements of that compact. One of those
rules is that the ICJ requirements supersede and take the
place of any Iowa laws or rules that are in conflict with the
The ICJ requires that a child being held for return to the
requesting state be held in a secure facility. The only
secure facility in the State of Iowa is the detention
facility. Since the ICJ requirement supersedes Iowa law,
there is no prohibition from keeping [D.H.] in detention, and
that is required under the ICJ, and that will be the
Court's order that she remain in detention pending her
return to the state of Nevada.
court issued a written detention order, confirming the
placement of D.H. in a secure detention facility until
D.H's return to Nevada. D.H. appealed the detention
March 14, the juvenile court officer filed an application for
release from detention. The application requested that D.H.
be released from detention on March 15 for a return flight to
D.H.'s home state of Nevada. The juvenile court approved
the application, and D.H. was returned home the next day. On
April 20, the State filed a motion to dismiss D.H.'s
appeal, arguing the case was moot since D.H. ...