In the Interest of H.H. v. T.H.L.

776 So. 2d 486, 0 La.App. 3 Cir. 272, 2000 La. App. LEXIS 2306, 2000 WL 1509961
Louisiana Court of Appeal·Decided October 11, 2000·No. No. 00-272·Published

Opinion

h SULLIVAN, Judge.

T.H.L. appeals the termination of her parental rights to her three minor daughters pursuant to La.Ch.Code art. 1015(5).1 For the following reasons, we affirm.

Discussion of the Record

T.H.L. is the mother of three daughters: H. H., born August 13, 1986; S. H., born August 7, 1987; and D. H., born August 23, 1988.2 The three girls were removed from their mother’s custody on August 29, 1994, after T.H.L. had beaten the youngest child on her face and left leg with a stick. The State of Louisiana, through the Department of Social Services (the Department), transferred custody of the children to their maternal grandmother, but assumed custody again upon learning that the grandmother permitted them to live with their mother. The three girls were adjudicated as children in need of care on July 15, 1996. They were placed together in two foster homes before they went to live with their current foster mother and maternal aunt, T. S., in May of 1998. On October 8, 1998, the Department filed a petition to terminate T.H.L.’s parental rights so that the children could be adopted by their aunt.3

Initially, however, the Department had attempted to reunite the children with their mother. Sally Taylor, a community services supervisor, began working with the family toward this goal in October of 1994. Ms. Taylor testified that the original case plan required T.H.L. to undergo psychological counseling, attend parenting classes, Land maintain a permanent residence with utilities. Ms. Taylor detañed several instances in which T.H.L. faüed to comply with this plan, including missing parenting classes and counseling sessions, requiring a court order before she would undergo a psychological evaluation, failing to communicate with department personnel, and failing to report additional income. Additionally, Ms. Taylor observed that T.H.L. behaved inappropriately in supervised visits with her children. When visitation took place at a local mall, T.H.L. [488] and the children would spend the entire time playing video games rather than visiting. Because of this conduct, the Department rescheduled the visits to one of its offices. On those occasions, the children were unruly, with T.H.L. interacting with them “as a child rather than as a parent.”

T.H.L. had previously been evaluated by Dr. Sam Williams, a psychologist, who issued a report on February 21, 1994. In his initial evaluation, Dr. Williams observed T.H.L. to be defensive, suspicious, and easily insulted. He believed that she had difficulty trusting others, tended to hold grudges, and blamed others for her misfortunes and problems. He also noted undercurrents of anger and hostility, possibly stemming from sexual abuse that she reportedly suffered as a child. He found no evidence of a psychotic disorder or acute emotional disturbance, but he described her as someone who was not interested in changing because she did not see herself as having psychological problems.

In November of 1995, T.H.L.’s case was transferred to social services worker, Ca-rola Whitehurst, with the Department’s goal remaining reunification of the family. Ms. Whitehurst testified that T.H.L. initially showed progress, such as attending an anger management class on her own initiative. However, she gradually lessened her 1 ¡¡compliance to the point where she exhibited a lack of commitment to long-term counseling and to utilizing the Department’s services. In the first six months of Ms. Whitehurst’s involvement, T.H.L. missed several counseling sessions without explanation, attended only three of six parenting classes, and had only sporadic attendance at a sexual abuse survivors’ group as required by her case plan. Because of this lack of compliance, the Department decided not to return the children at a family team conference on May 22, 1996. When T.H.L. was informed of this decision, she became angry and said she no longer wished to cooperate. Thereafter, T.H.L. refused to communicate with the Department until July 27, 1996, after the children had been adjudicated in need of care. Although the Department still sought reunification of the family, a case plan filed with the trial court on July 15, 1996 contained the notation that T.H.L. did not complete the recommended long-term counseling to address issues of anger management, sexual abuse, co-dependency, parenting failures, and discipline skills.

Dr. John Simoneaux, a psychologist, evaluated T.H.L. on February 3, 1996, and the children on October 14, 1996. He diagnosed her with a passive/aggressive personality disorder with antisocial dependent features. He believed that she had made little progress with therapy. Considering that her efforts at counseling were at best half-hearted, Dr. Simoneaux formulated a poor prognosis that T.H.L. would ever be able to parent her children. Because the abuse in this case involved a beating with a stick that caused two black eyes and bruises on other parts of the child’s body, Dr. Simoneaux believed that T.H.L. still posed a danger to her children’s welfare. He testified that for someone with T.H.L.’s personality disorder to improve, there had to be (1) motivation, (2) a level of distress that increases motivation, and (3) |4insight, which he considered rare in someone with such a disorder. Acknowledging that T.H.L. admitted her abusive conduct and expressed her motivation for the return of her children, Dr. Simoneaux nonetheless testified: “I think she wants her children back. I think that there’s a lot more to her getting better than simply wanting them back. And I think it’s those things that are woefully inadequate.”

In his evaluation of the children, Dr. Simoneaux described all three girls as internally distressed, although the two younger girls were not as afraid of their mother as the oldest child. Dr. Simo-neaux believed that the children had not experienced a stable home life, which he considered important to their mental health. Although he testified that the ideal situation would be for the children to have some contact with them mother, he [489] also said that it would be detrimental for her to “pop in and out” inconsistently in their lives. He recounted that “[t]hree years ago, I was saying take them out of limbo and put them some place stable and safe. I mean, I certainly believe that now.” Because he did not believe that T.H.L. would be there “unfailingly” as a parent, he concluded that “it probably would be best for the children to go on some other way to establish stability in their lives.”

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In the Interest of H.H. v. T.H.L., 776 So. 2d 486, 0 La.App. 3 Cir. 272, 2000 La. App. LEXIS 2306, 2000 WL 1509961 (La. Ct. App. 2000).

776 So. 2d 486 (In the Interest of H.H. v. T.H.L.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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