IN THE MATTER OF C.T., Alleged to Be Seriously Mentally Impaired, C.T., Respondent-Appellant.
from the Iowa District Court for Lee (North) County, Ty
Rogers, District Associate Judge.
appeals from a judgment finding him in need of involuntary
A. Henkelvig of Henkelvig Law, Danville, for appellant.
J. Miller, Attorney General, and Gretchen W. Kraemer,
Assistant Attorney General, for appellee State.
Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.
the third appeal involving the civil commitment of C.T. In
the first, this court concluded "the State . . .
established by clear and convincing evidence" that C.T.
was "seriously mentally impaired and in need of
involuntary committal." In re C.I.T., No.
14-0760, 2015 WL 576172, at *2 (Iowa Ct. App. Feb. 11, 2015).
In the second, we affirmed his continued involuntary
hospitalization. In re C.I.T., No. 16-0278, 2016 WL
4036244, at *1 (Iowa Ct. App. July 27, 2016).
C.T. appeals a February 2, 2018 order confirming a prior
order for outpatient mental health treatment pursuant to Iowa
Code section 229.14A (2018). The court found C.T. (1)
"is suffering from a serious mental illness"; (2)
"lacks the judgment to make responsible decisions
regarding his treatment"; (3) "is treatable and
would benefit from treatment"; (4) "is likely to
physically injure himself or others if not forced to receive
mental health treatment"; (5) "is likely to inflict
severe emotional injury on those that cannot avoid contact
with him if not forced to receive mental health
treatment"; and (6) "is in need of outpatient
mental health treatment."
concedes "the hearing [preceding issuance of the order]
was unrecorded and the only record we have of the hearing
would come from the order issued on February 2, 2018."
Despite the absence of a recording or transcript, he asks us
to find insufficient "evidence . . . to show [he] was a
present threat to his safety or the safety of others."
The State counters that "the appeal should be dismissed
for lack of a record."
In re F.W.S., 698 N.W.2d 134, 136 (Iowa 2005), the
Iowa Supreme Court declined to consider the merits of an
appeal from a civil commitment order. After noting that the
district court failed to record or report the hearing, the
court concluded, "Without the benefit of a full record
of the lower courts' proceedings, it is improvident for
us to exercise appellate review." F.W.S., 698
N.W.2d at 135-36. The court cited our rules of appellate
procedure, which required the appellant to "include in
the record a transcript of all evidence relevant to such
finding or conclusion." Id. at 135 (citing Iowa
R. App. P. 6.10(2)(c)).
the cited rule number no longer exists, the contents have
been incorporated into another rule, which states, "If
the appellant intends to urge on appeal that a finding or
conclusion is unsupported by the evidence or is contrary to
the evidence, the appellant must include in the record a
transcript of all evidence relevant to such finding or
conclusion." Iowa R. App. P. 6.803(1); see also
Iowa Ct. R. 12.20 ("An electronic recording or other
verbatim record of the hearing provided in Iowa Code section
229.12 shall be made and retained for three years or until
the respondent has been discharged from involuntary custody
for 90 days, whichever is longer.").
cited rules and In re F.W.S. are controlling. 698
N.W.2d at 136. Because we have no recording or transcript of
the hearing, we "must affirm the decision of the
district court." Id.