People ex rel. C.L.

356 N.W.2d 476, 1984 S.D. LEXIS 389
CourtSouth Dakota Supreme Court
DecidedOctober 17, 1984
DocketNo. 14471
StatusPublished
Cited by12 cases

This text of 356 N.W.2d 476 (People ex rel. C.L.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. C.L., 356 N.W.2d 476, 1984 S.D. LEXIS 389 (S.D. 1984).

Opinion

MORGAN, Justice.

T.L., the mother in this case, appeals from a dispositional order dated December 9, 1983, which terminated her parental rights over C.L. and B.R. We affirm the order.

On March 30 or 31, 1982, C.L. and B.R. were removed from T.L.’s home and taken into the custody of the South Dakota Department of Social Services (Social Services). On March 26, 1982, the youngest child, C.L., had been brought to the hospital comatose and with an irregular breathing pattern. The hospital staff suspected that both children had been physically abused and reported the family to Social Services.

Social Services caseworker, Craig Black (Black) placed B.R. in emergency foster care and C.L. was taken to the Rapid City Regional Hospital intensive care unit. The sheriff’s department interviewed T.L. and her live-in boyfriend, T.W., and elicited admissions which indicated that they both had physically abused the children on different occasions. T.L. and T.W. were arrested and jailed in Hot Springs on March 29, 1982. On September 16, 1982, T.W. pled guilty to a child abuse charge and was sentenced to two years in the state penitentiary. On October 21, 1982, T.L. pled guilty to a child abuse charge and was sentenced to two years in the women’s correctional facility. She began serving her term in Yankton on December 2, 1982.

On December 1, 1982, the children were found to be dependent and neglected, pursuant to SDCL ch. 26-8. C.L. is blind, [478]*478crippled and brain damaged as a result of the injuries inflicted by T.W. as T.L. stood by and watched him bang C.L.’s head against a wall and place the child in a hot shower. C.L. was hospitalized until May of 1982 and was then placed in a foster home. T.L. had three visits of forty-five minutes each with C.L. in the summer of 1982 prior to beginning service of her sentence in Yankton. C.L.’s foster mother, who was present during the visits, testified that T.L. spent the time tossing C.L. into the air, which the child did not like. T.L. did not ask about the child’s condition and apparently had no knowledge or perception of the extent of his injuries. The foster mother perceived that T.L. had the idea that C.L. was sick and would get well. The foster mother also testified that T.L. was nervous and impatient with C.L. and did not know what to do with him. C.L. remains a ward of Social Services and receives intensive therapy and special foster care.

Between March and April of 1982, B.R. was placed in four foster homes in one month. In April, he was placed with John and Cheryl Jarding. B.R. exhibited a fear of adult males, a fear of the shower and a fear of hot water. The child was afraid to be in the bathtub by himself for the first six months he was with the Jardings. To overcome this fear, the Jardings put him- in the bathtub with their own child. B.R. did not talk for the first month he spent with the Jardings; he finally began to unfold at the end of May. Visits between T.L. and B.R. were strained. The child would not be left alone with her. B.R. did not like the visits with his mother and had to be repeatedly coaxed before he would leave the social worker’s lap and sit alone and interact with his mother.

T.L. raises three issues on this appeal. First, she contends that violations of her constitutional and statutory rights require reversal of the trial court’s decision. There are three parts to this issue: (1) That T.L.’s constitutional right to a lesser restrictive alternative than termination of parental rights was violated; (2) that the trial court placed undue reliance on improper and incompetent evidence and thus precluded a decision based on the evidence, and (3) that the trial court did not meet the statutory requirements of SDCL 26-8-35.2. Second, T.L. complains that her parental rights were wrongfully terminated while she was incarcerated and unable to improve her parenting skills. Third, T.L. asserts that the evidence presented was insufficient to support the trial court’s finding that her parental rights should be terminated.

Witnesses for State testified that termination of T.L.’s parental rights was the least restrictive alternative. Social workers Craig Black, Virginia Sage, and Tina Anderson each testified that in their opinion T.L. could not properly care for the children.

SDCL 26-8-36 provides, in part, that the trial court may terminate “all parental rights ... when it finds that the best interests and welfare of the child so require.” The trial court must find by “clear and convincing evidence that termination of parental rights is in the best interest of the child.” Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); Matter of S.L., 349 N.W.2d 428 (S.D.1984); People in Interest of S.H., 323 N.W.2d 851 (S.D.1982). The right to have children does not encompass a right to abuse them by omission or commission. Matter of D.H., 354 N.W.2d 185 (S.D.1984); Matter of L.M.T., 305 N.W.2d 399 (S.D.1981); Matter of V.D.D., 278 N.W.2d 194 (S.D.1979). Parental rights must give way to the child’s best interest. D.H., supra; Matter of C.K, 283 N.W.2d 554 (S.D.1979); People in Interest of D.K., 245 N.W.2d 644 (S.D.1976).

Termination of parental rights is not conditioned on exhaustion of every possible form of assistance. D.H., supra; Matter of R.Z.F., 284 N.W.2d 879 (S.D.1979); C.Esupra; Matter of N.J.W., N.G.B., and K.F.B., 273 N.W.2d 134 (S.D.1978). Completion of parenting programs offered at the women’s correctional facility were a part of the ease plan worked out and agreed to by T.L. and Black. Black [479]*479informed T.L. that the return of her children was contingent upon completion of the ease plan. T.L. admitted at trial that she did not complete the case plan. In the absence of a showing that her parenting skills have improved, which T.L. has not demonstrated, she suggests as an alternative that legal custody in Social Services should be extended but that she should be allowed the opportunity upon release to have physical custody and thereby prove that her parenting skills have improved ánd that she can provide the care and nurturing required. Basically, T.L. suggests that as a lesser restrictive alternative she should get one more chance to prove herself. The seriousness of the charge of child abuse and the outrageous facts under which T.L. was convicted of that charge preclude this alternative. Her track record demonstrates a lack of concern for her children and a pattern of abuse.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of As
496 N.W.2d 589 (South Dakota Supreme Court, 1993)
People ex rel. E.M.
466 N.W.2d 168 (South Dakota Supreme Court, 1991)
People in Interest of EM
466 N.W.2d 168 (South Dakota Supreme Court, 1991)
Matter of AH
421 N.W.2d 71 (South Dakota Supreme Court, 1988)
In re A.H.
421 N.W.2d 71 (South Dakota Supreme Court, 1988)
In re S.D.
402 N.W.2d 346 (South Dakota Supreme Court, 1987)
Matter of SD
402 N.W.2d 346 (South Dakota Supreme Court, 1987)
In re S.W.
398 N.W.2d 136 (South Dakota Supreme Court, 1986)
Matter of SW
398 N.W.2d 136 (South Dakota Supreme Court, 1986)
People ex rel. H.L.
386 N.W.2d 495 (South Dakota Supreme Court, 1986)
People in Interest of HL, Jr.
386 N.W.2d 495 (South Dakota Supreme Court, 1986)
People in Interest of CL
356 N.W.2d 476 (South Dakota Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
356 N.W.2d 476, 1984 S.D. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cl-sd-1984.