The Clinton Herald, Clinton, Iowa

AP story section

February 6, 2014

State to reopen Juvenile Home

DES MOINES — A district court judge on Wednesday ordered the state to reopen the Iowa Juvenile Home, telling Gov. Terry Branstad he cannot unilaterally change a law approved by the state Legislature.

Judge Scott Rosenberg said the home in Toledo was created by the Legislature with approval of the executive branch of government. More than $8.8 million was approved by the Legislature to run it and cannot be eliminated by the governor or executive branch officials, he said. To allow the governor to essentially eliminate the home’s budget and operation “allows the executive branch to unilaterally decide which laws it will obey and which laws it will not.”

“This is not the basis upon which our government in Iowa was established by our Iowa Constitution that established the three separate branches of government along with their duties and responsibilities,” Rosenberg wrote in an opinion filed Wednesday.

Branstad closed the facility in January following allegations that teens were improperly treated and denied a proper education.

Four Democrats, two from the Senate and two from the House, and the president of a state workers’ union sued Branstad and Charles Palmer, the Iowa Department of Human Services director to keep the home open.

Of the 21 girls who had been living at the home, six have been sent home, two placed in detention centers for delinquent youth and the others were moved into a mix of public and private facilities around the state, a DHS spokeswoman has said.

It wasn’t immediately clear when or how the home would reopen.

“We don’t know,” said Sen Steve Sodders, of State Center, one of the Democrats who filed the lawsuit. “The ruling was real clear that it’s to be reopened, that the governor didn’t have the constitutional authority, which we had claimed at the beginning, to close it. We also know that the governor’s office could still appeal the decision. I don’t know if it’s over yet.”

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