The state of Iowa had a "racket" going on where
if a parent filed a timely appeal of the registry mark,
they would put it off until the Juvenile court action
would be over.
Then, if the Juvenile court case was ever closed,
they would use Res Judicata to say that it
was already decided.
In other words, they basically shut out
all process for registry appeals.
Another common problem is that when they
run a typical never ending case (war of attrition)
parents can't appeal what is not a final decision.
It's QUITE a racket.
In my family's case, we filed a registry appeal
in a timely manner, the agency sat on the damn
thing for over a full YEAR, and when we asked
again we objected up front to the telephone hearing
option. They did it over the phone anyway and it
was a complete joke. No transcript, no provisions
for discovery, and the Judge even decided to
put it on hold until the Judicial action is over.
I objected
1. Pointed out that I was not a legal
party to the judicial action, so my registry
appeal should not be backed up behind a
process that I am not a party to.
2. Admin registry hearing is NOT supposed
to be lockstepped with the judicial process anyway.
3. Since the judicial process (Juvenile Court)
had already gone on for YEARS and since
the state intended to run it for many more
years it was a deprivation of due process.
Isn't that what this Grant decision is about?
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