http://www.clintonherald.com/local/local_story_195225020.html
Supreme Court orders rehearing in child abuse case Published: July 14,
2006 10:50 pm
AP =97 DES MOINES =97 The Iowa Supreme Court reversed a district court
decision Friday and ordered a state agency to hold a hearing on a
father's claim that a child abuse re****t was incorrect.
In the Clinton County case, the high court said the Iowa Department of
Human Services must consider in a timely manner claims of error in
child abuse *****sment cases.
The case involved a child custody dispute between Robert Grant and
Linda Jensen, who had two children during their marriage. They
eventually divorced.
During a visitation with the children in October 2001, one of the
sons, who was age 6 at the time, re****ted that Grant became angry and
kicked him.
The Iowa Department of Human Services founded a child abuse re****t
filed by Jensen and a district court judge granted her request for a
protective order requiring supervised visits between Grant and the
children.
The judge found that Grant had endangered the children in a fit of
anger and dismissed Grant's denial as implausible.
In March 2002, Grant filed a written statement with the DHS claiming
the agency's *****sment of the incident was incorrect and should be
changed from founded to not confirmed.
He claimed the child fabricated the incident because of manipulative
influences by his mother. Grant pointed to results of a polygraph test
that revealed he answered truthfully questions about the alleged
incident.
The DHS denied the correction request and Grant sought further review
by the state.
An administrative law judge dismissed the appeal request and Grant
took the appeal to district court. It affirmed the agency's action
based on a state law of preclusion that says cases already decided by
an agency cannot be repeatedly litigated if the case is determined to
be resolved.
Grant appealed.
The Supreme Court ruled that the case should be sent back to the DHS
to hold a hearing to consider Grant's request for a change in the
*****sment.
The court said the public interest in maintaining correct records
demands that the issue of preclusion "not be used to prevent the DHS
from correcting *****sment re****ts."
"The DHS should consider all timely claims of error by those who are
the subject of a child abuse re****t and decide all issues presented by
a correction request," the court said.
Grant's attorney, Natalie Hope Cronk of Iowa City, said she believes
Grant has a good chance of clearing his name when the case returns to
the DHS for a rehearing.
She believes the wider implications of the ruling means people
involved with DHS investigations could have a better chance to seek
additional hearings even if a court has ruled on one aspect of a child
abuse investigation.
The Iowa attorney general's office was reviewing the ruling Friday.
Attorney Chuck Phillips said the agency could ask the Supreme Court to
review its ruling, but a decision to seek a new hearing has not been
made.
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