Iowa Supreme Court hears arguments over closing of state juvenile home

DES MOINES - An attorney for Gov. Terry Branstad on Tuesday argued to the Iowa Supreme Court that a District Court judge erred last year in issuing an order for the governor to reopen the juvenile home in Toledo, Iowa.

The state Supreme Court heard oral arguments in a case that started when Branstad defunded the juvenile home, citing safety concerns for the children being cared for there.

The court heard oral arguments from attorneys Tuesday; it will issue a ruling within roughly 90 days.

Danny Homan, on behalf of a top state labor union, and two state lawmakers raised in court the question of whether Branstad abused his power by sidestepping the Legislature's role in appropriating state funds to the juvenile home.

A district judge in February 2014 agreed with the plaintiffs and ordered Branstad to reopen the home.

Branstad petitioned the ruling, and the Supreme Court agreed to hear the case.

On Tuesday night, the governor's attorney asked the high court to reverse or vacate the order.

'The underlying question is, did what the governor and (state Human Services director) Charles Palmer do undermine or thwart the purpose of the statutory scheme, and you've got to look at the effect on somebody to decide that,” Branstad attorney Jeffery Thompson told the court. 'In this case, what they did was in the best interest of the children.

'So in the end I think you should vacate the order for any one of several reasons, at a minimum. And I believe that you could dismiss the whole case as moot.”

At attorney for the plaintiffs argued Branstad abused his power and violated the state's constitution by ignoring an appropriation that was made specifically for funding the juvenile home.

The court asked plaintiffs' attorney Mark Hedberg what would be accomplished by a ruling in his clients' favor, knowing the children have already been moved from the home, which is no longer hosting children.

Hedberg said a ruling could clarify the governor's authority, which could impact the potential closing of mental health institutions across the state being considered by Branstad.

'What it gets me is this: an understanding in real time of what the executive can or can't do next,” Hedberg said. 'I can tell you right now we have Cherokee, Independence, Clarinda. Those are being shut down. There's funding for those. That's a real thing happening.”

Branstad announced Dec. 9, 2013, he would shutter the facility after an investigation led to concerns about the treatment of youths there. The institution closed Jan. 15, 2014.

Because of the legal limbo of the facility, it has not been used since it closed its doors. Maintenance and security is being funded by the state for the 27 acres that make up the juvenile home's buildings and grounds in Toledo.