Cooley v. Division of Child & Family Services of The Nevada State Department of Human Resources

946 P.2d 155, 113 Nev. 1191, 1997 Nev. LEXIS 136
CourtNevada Supreme Court
DecidedOctober 1, 1997
DocketNo. 28890
StatusPublished
Cited by8 cases

This text of 946 P.2d 155 (Cooley v. Division of Child & Family Services of The Nevada State Department of Human Resources) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooley v. Division of Child & Family Services of The Nevada State Department of Human Resources, 946 P.2d 155, 113 Nev. 1191, 1997 Nev. LEXIS 136 (Neb. 1997).

Opinions

[1192]*1192OPINION

By the Court,

Young, J.:

This is an appeal from a district court’s order to terminate a mother’s parental rights. We conclude that jurisdictional and dispositional grounds were met and affirm the decision below.

FACTS

On July 28, 1993, sixteen-year-old Marla Blanchard Cooley (“Marla”) gave birth to Christina Ann Louise Blanchard (“Christina”). The father is Terry James Valladon (“Terry”). On July 18, 1995, the Division of Child and Family Services (“DCFS”) filed a petition to terminate Marla’s parental rights. Trial was conducted on April 10, 1996. On May 17, 1996, the district court ordered termination of Marla’s parental rights.

Shortly after Christina was born, she and Marla moved in with Terry and his mother, Sheila Bowen (“Sheila”). They continued to live there until November 1993. While living there, Marla attended New Horizons, a school for young mothers. Sheila testified at trial that at least several times a week she received a call from the school because Marla was unprepared for class. Sheila also testified that during this time period, Terry took primary care of Christina and that Marla would often forget to feed or change the baby. In addition, the baby would frequently cry out in pain when she was alone with Marla. Several times Marla would leave Christina on the sofa unattended where the baby could easily fall off.

In November 1993, Marla took Christina and moved into her mother’s rented mobile home. Sheila testified that Marla called Terry at all hours of the day and night and left threatening messages. Marla had also filed fraudulent rape and spousal battery charges against Terry. Sheila was concerned for her family’s safety because of Marla’s bad temper.

In January 1994, Marla and her family were evicted from their [1193]*1193mobile home due to property damage and nonpayment of rent. Melvin Tehle, the landlord, testified that Marla’s family moved into the home in October 1993. Despite the short amount of time living there, the family completely destroyed the place. He described the condition of the home as filthy. The toilets were backed up since before Christmas 1993 and contained feces and urine. The bathtub also contained feces and urine. There was filth underneath the kitchen sink and all over the kitchen. The carpet had candle wax imbedded into the fibers. The brand new blinds were destroyed by an animal. There was several months worth of garbage outside the house. The sewer was leaking in the backyard. He also testified that many people came and went from the residence. Several animals and as many as nine people lived there at once, despite the fact that the lease allowed only four people.

In March 1994, Marla contacted DCFS for help taking care of Christina. On March 23, 1994, Marla entered into a homemaker services contract with Susan Hutchinson (“Hutchinson”) through DCFS. The goals of the contract were for Marla to learn basic homemaking, budgeting, and parenting skills. The contract required weekly meetings between Marla and Hutchinson. However, Marla did not keep many of these appointments. She would either not show up or would call with an excuse. Eventually, in May 1994, Hutchinson had to terminate the contract due to Marla’s noncompliance.

When Hutchinson visited Marla’s home in March 1994, she found it to be absolutely filthy. She testified at trial that the home was inappropriate and dangerous for a baby. There were cigarette butts, greasy car parts, and heavy boxes lying around, within easy reach of Christina. In addition, a handgun was kept on the coffee table.

Around March 30, 1994, Marla entered into a voluntary six-month agreement with DCFS to give up custody of Christina until Marla complied with a case plan. At the time DCFS obtained custody, Christina was dirty and sick with a fever and a runny nose. She was placed into a foster home. On April 28, 1994, after gradually increased visitation, Christina was placed with Terry, her father. This is where she currently resides.

During Marla’s visits with Christina, Marla would display inappropriate behavior. Specifically, she would introduce her new boyfriends to the baby as “daddy,” and she would compete with Christina for toys and affection. On occasion, Marla would throw Christina up into the air and almost not catch her or she would pick her up by only one of Christina’s arms. Hutchinson also testified that Marla had a bad temper, and when she did not get her way, she would curse loudly, storm around Hutchinson’s office, and slam the door.

[1194]*1194Maureen Martin (“Martin”), Marla’s social worker since April 1994, also testified that Marla’s house was filthy and “trashed” and that Marla had a bad temper. In addition, Martin testified that Marla’s hygiene was so bad that during Marla’s visits to the DCFS office, the other staff members requested Marla’s visits take place outside because Marla had severely offensive body odor.

In July 1994, Marla and Martin had an argument in Martin’s office which resulted in Marla demanding Christina back from DCFS. Martin determined this was not in Christina’s best interest. Although the March 1994 custody agreement allowed Marla the right to take Christina back anytime, on July 7, 1994, DCFS filed a petition to retain custody of Christina. In its petition, DCFS alleged that Marla was not complying with the agreement or the case plan. Specifically, Marla failed to (1) obtain an income, either from a job or welfare; (2) obtain a decent place to live; (3) attend parenting classes; and (4) comply with the homemaker contract (which had previously terminated in May 1994 due to Marla’s noncompliance). Martin testified that DCFS tried to provide Marla with the help she needed, but that Marla simply did not do anything to enable herself to provide care and support for Christina.

Even after DCFS filed the petition, Marla still did not comply with the case plan. She made a few minor attempts, but never finished anything she started. Not one item in the case plan was ever accomplished. After Marla failed to show up for the first two evidentiary hearings regarding custody, the district court finally heard the matter on September 16, 1994. The court determined that Marla was unable to provide for Christina’s needs; therefore, Christina was made a ward of the court.

At the termination trial, another former landlord testified that Marla and her family moved into his mobile home on July 1, 1994. Within approximately one week, he visited the home and observed that they had not yet turned on the electricity, despite the fact that children, including infants, lived there. He also noticed that although only one week had passed, the place was already unsanitary and in disrepair. This included the presence of feces, dirt, and a terrible stench. On one occasion, he told Marla to clean the place. The landlord testified that Marla became abusive and used foul language while yelling at him. Although he evicted the family very shortly after they moved in, the place was damaged to the extent that it cost him $350.00 for cleaning and repair. This was in addition to the $720.00 they still owed him for rent. All together, Marla and her family lived there for twenty-five days before being evicted.

At the end of July 1994, DCFS found out that Marla was [1195]*1195pregnant and not obtaining prenatal care. Therefore, DCFS attempted to help Marla obtain welfare so she could receive prenatal care.

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Cooley v. STATE, DEPT. HUM. RES.
946 P.2d 155 (Nevada Supreme Court, 1997)

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Bluebook (online)
946 P.2d 155, 113 Nev. 1191, 1997 Nev. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooley-v-division-of-child-family-services-of-the-nevada-state-nev-1997.