Peters v. Allen Parish School Board

99 So. 3d 1117, 12 La.App. 3 Cir. 201, 2012 WL 4794643, 2012 La. App. LEXIS 1264
CourtLouisiana Court of Appeal
DecidedOctober 3, 2012
DocketNo. CA 12-201
StatusPublished

This text of 99 So. 3d 1117 (Peters v. Allen Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peters v. Allen Parish School Board, 99 So. 3d 1117, 12 La.App. 3 Cir. 201, 2012 WL 4794643, 2012 La. App. LEXIS 1264 (La. Ct. App. 2012).

Opinion

EZELL, Judge.

| tThis case involves a suit against the Allen Parish School Board, the principal of Oakdale Middle School, and the insurance company. We must determine whether the School Board and its principal breached its duty in releasing two minor children to them mother. Mr. William Peters, who had been caring for the children, argues that their actions in releasing the children caused damage to him and the children. The trial court found in favor of the School Board. The Plaintiffs then appealed.

FACTS

Crystal Cheney lived off and on with William Peters for about four years in Oakdale. She had two children, Adrian and Jacob Brown, from a previous relationship. Mr. Peters has known Jacob since he was two-and-a-half years old and Adrian since she was three to four years old. Mr. Peters testified that he did everything a father would for the children.

Around 2000, Ms. Cheney left her children with Mr. Peters. She moved to Lafayette and got married. Mr. Peters moved to Georgia to go to school to study dental lab technology. On August 2, 2001, Ms. Cheney signed a “Provisional Custody by Mandate” granting provisional custody of both minor children to Mr. Peters. The children moved with Mr. Peters to Georgia until he finished school, at which time he moved back to Oakdale.

On December 13, 2004, the children were attending Oakdale Middle School. Ms. Cheney, along with her father and brother, went to the school that morning. Ms. Cheney indicated that she was withdrawing the children from school and they were going to Texas. Ms. Cheney showed a copy of the provisional custody mandate to Linda Thompson, the principal of Oak-dale Middle School at the time. There was also a copy in the children’s school file. The provisional custody by mandate signed on August 2, 2001, stated, “This provisional custody by mandate shall be effective until 12revoked in writing by the appearer or one year from date hereof, whichever period is shorter.” Ms. Cheney also had copies of the children’s birth certificates indicating she was their natural mother. Additionally, Ms. Thompson asked to see the mother’s driver’s license. Upon reviewing the children’s records, Ms. Thompson ob[1119]*1119served a remark in the children’s records stating, “ALARM WILLIAM PETERS HAS CUSTODY”.

At that point, Ms. Thompson called the Oakdale Police who came to the school. Ms. Thompson asked Lieutenant Bruce Hudgens, who responded to the call, for advice on the custody paperwork. He suggested she call the district attorney. Ms. Thompson then called the district attorney’s office and talked with Todd Nesom, an assistant district attorney at the time. The officers brought the paperwork to him to review. Mr. Nesom explained to Ms. Thompson that the provisional custody by mandate was valid for only one year or it could be revoked at any time. He suggested that, out of an abundance of caution, Ms. Cheney should expressly revoke the provisional custody by mandate. Mr. Nesom also advised Ms. Thompson that Ms. Cheney had legal custody as the mother.

Ms. Cheney revoked the provisional custody by mandate in writing. Rachelle Ar-doin, the school counselor at Oakdale Middle School, helped Ms. Thompson handle the withdrawal request by Ms. Cheney. The proper forms for withdrawal were filled out.

The children were then brought to the office. Ms. Cheney left the school with the children along with her father and brother. A couple of witnesses testified they saw the children leaving with Ms. Cheney and her family. They observed that Adrian was screaming and kicking to get away as they neared the vehicle. The children were pushed into the vehicle and drove away. The witnesses indicated that they saw Ms. | ..¡Thompson outside as the children were leaving. Ms. Thompson testified that she did not leave the building, which Ms. Ardoin also confirmed.

The group then proceeded to Lake Charles where Ms. Cheney got out. Ms. Cheney’ brother was then dropped off in Tyler, Texas. The children then rode to Athens, Texas with their grandfather to his house. The children were at their grandfather’s house for about five weeks when they were removed by child protection services. Subsequently, the children were in and out of foster homes for several years. Adrian was in a juvenile detention center for some time.

Mr. Peters testified that he was out of town that day when he received a call from Ms. Thompson requesting updated custody papers because the children’s mother was there. He testified that he rushed back but the kids had already gone. Ms. Thompson denied that she called Mr. Peters. Ms. Ardoin testified that they did not attempt to call Mr. Peters because they were trying to find out if Ms. Cheney was legally entitled to the children and calling Mr. Peters would have created drama.

Mr. Peters immediately hired an attorney to start custody proceedings. A judgment was signed on January 21, 2005, granting Mr. Peters the sole custody of the children. Mr. Peters filed an affidavit seeking return of the children.

Crystal’s father then filed false criminal charges against Mr. Peters claiming that he had sexually abused the children. Mr. Peters then hired another attorney to defend against the criminal charges. Both children eventually recanted the allegations, and the charges were dropped.

Adrian eventually ran away and found her way back to Oakdale and enrolled in the high school. Jacob did not make it back until a week before the trial but was living with Mr. Peters at that time.

Mr. Peters filed suit individually and on behalf of the minor children. When Adrian reached the age of majority, she was substituted as a plaintiff in her own right.

[1120]*1120|4Mr. Peters alleged that he and the children were damaged because Ms. Thompson wrongfully released the children to their natural mother without due regard for their wishes and well-being. As a result, Mr. Peters argues that he and the children suffered years of pain and anguish.

Trial on the matter was held on October 26, 27, and 28, 2011. Closing arguments were submitted to the court on November 7, 2011, at which time the court ruled. The trial court found that Ms. Thompson did everything she could under the circumstances. It further found that Ms. Thompson exercised reasonable care in releasing the children to their mother and that there was no violation of any duty owed to Mr. Peters and the children. Judgment dismissing the claims against the Allen Parish School Board and Ms. Thompson was signed on December 19, 2011.

DISCUSSION

Duty

In S.J. v. Lafayette Parish School Bd., 09-2195 (La.7/6/10), 41 So.3d 1119, the supreme court reiterated that the duty-risk analysis applies in determining whether liability exists under the facts of a case against a school board. The supreme court explained that the first task is to determine what duty, if any, the school board owed to the Plaintiffs.

This case was previously before this court on the trial court’s grant of a peremptory exception of no cause of action dismissing Mr. Peter’s claims. Peters v. Allen Parish Sch. Bd., 08-328 (La.App. 3 Cir. 11/5/08), 996 So.2d 1230. This court recognized that a school’s duty of supervision includes “ ‘the duty to make the appropriate supervisory decisions concerning a student’s departure from campus during regular school hours’ ”. Id. at 1234 (quoting D.C. v. St. Landry Parish Sch. Bd., 00-1304, p. 5 (LaApp. 3 Cir. 3/7/01), 802 So.2d 19, 23,

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Related

S.J. v. Lafayette Parish School Board
41 So. 3d 1119 (Supreme Court of Louisiana, 2010)
Peters v. Allen Parish School Bd.
996 So. 2d 1230 (Louisiana Court of Appeal, 2008)
State in Interest of QP
649 So. 2d 512 (Louisiana Court of Appeal, 1994)
DC v. St. Landry Parish School Bd.
802 So. 2d 19 (Louisiana Court of Appeal, 2001)
State in Interest of Bkn
82 So. 3d 391 (Louisiana Court of Appeal, 2011)

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Bluebook (online)
99 So. 3d 1117, 12 La.App. 3 Cir. 201, 2012 WL 4794643, 2012 La. App. LEXIS 1264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-allen-parish-school-board-lactapp-2012.