IN RE INTEREST OF C.H., 699 N.W.2d 686 (Iowa App. 2005)

No. 5-378 / 05-0005Court of Appeals of Iowa.
Filed May 11, 2005

Appeal from the Iowa District Court for Black Hawk County, Alan D. Allbee, Juvenile Judge.

A father appeals from the juvenile court’s permanency order.APPEAL DISMISSED.

Matthew M. Craft of Randall Nelson, P.L.C., Waterloo, for appellant-father.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kathleen Hahn, Assistant County Attorney, for the appellee.

Kelly Smith of Smith Law Office, Waterloo, guardian ad litem for minor child.

Richard K. Betterton, Cedar Falls, for mother.

Considered by Sackett, C.J., and Huitink and Vaitheswaran, JJ.

SACKETT, C.J.

Scott, the father of Christian, appeals from the permanency order continuing Christian’s placement in family foster care and directing the State to file a petition to terminate Christian’s parents’ rights. On de novo review, we dismiss the appeal.

At the permanency hearing in October and December 2004, Scott sought to have Christian placed with his paternal grandparents. At the time of the hearing Scott was incarcerated pending trial on several criminal charges. The juvenile court continued foster care placement and ordered the county attorney to institute termination of parental rights proceedings. On appeal, Scott contends the State (1) did not provide reasonable services to foster reunification and (2) did not prove Christian could not be placed with his grandparents. The State responds that this appeal is interlocutory and should be dismissed.

We review these claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002). Iowa Code section 232.133 (2003) governs appeals from juvenile court orders. “The statute provides no special basis for an appeal as a matter of right. As with all other orders, appealability depends on whether a juvenile court order is found to be `final.'” In re W.D., III, 562 N.W.2d 183, 185
(Iowa 1997) (citing In re Long, 313 N.W.2d 473, 475 (Iowa 1981)).

A ruling is not final when the trial court intends to do something further to signify its final adjudication of the case. Furthermore, a juvenile court order is not final unless it disposes of all the issues. An order is interlocutory if it directs an inquiry into a matter of fact preparatory to a final decision.

In re C.S., 516 N.W.2d 851, 867 (Iowa 1994) (citations omitted). If an order is interlocutory, we lack jurisdiction to hear the appeal unless permission to appeal is granted. See
Iowa R. App. P. 6.2(1). Our supreme court has been very reluctant to allow interlocutory appeals in juvenile cases. W.D., III, 562 N.W.2d at 186. Interlocutory appeals should rarely be permitted prior to a juvenile court’s final disposition where the court has ordered the filing of a termination of parental rights petition. Id.; see In re A.C., 443 N.W.2d 732, 733
(Iowa Ct.App. 1989). We decline to grant an interlocutory appeal. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.