State, Department of Social Services v. Adoptions Worldwide, Inc.

878 So. 2d 778, 3 La.App. 3 Cir. 1674, 2004 La. App. LEXIS 1445, 2004 WL 1196630
CourtLouisiana Court of Appeal
DecidedJune 2, 2004
DocketNo. 2003-1674
StatusPublished
Cited by1 cases

This text of 878 So. 2d 778 (State, Department of Social Services v. Adoptions Worldwide, Inc.) 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
State, Department of Social Services v. Adoptions Worldwide, Inc., 878 So. 2d 778, 3 La.App. 3 Cir. 1674, 2004 La. App. LEXIS 1445, 2004 WL 1196630 (La. Ct. App. 2004).

Opinion

JJ’ETERS, J.

The State of Louisiana, through the Department of Social Services, appeals a judgment of the trial court granting an exception of no cause of action and dismissing its petition for injunctive relief and assessment of fines against Adoptions Worldwide, Inc. and Blaine and Angela B. Doucet in their capacity as directors of the corporation. For the following reasons, we reverse the trial court and remand the matter to the trial court for further proceedings.

DISCUSSION OF THE RECORD

On September 9, 2002, the State of Louisiana, through the Department of Social Services (Department), filed a petition for injunctive relief against Adoptions Worldwide, Inc. and Blaine and Angela B. Dou-cet in their capacity as directors of the corporation.1 In its petition, the Department asserted that the defendants had operated an adoption agency since November 2, 2000, without being properly licensed pursuant to state law. The petition sought not only to enjoin the defendants from operating “a child placing agency” but also to enjoin them from advertising the corporation as “a child placing agency.” Additionally, the Department sought the assessment of statutory fines and attorney fees against the defendants.

The defendants initially responded to this petition on January 24, 2003, by filing a dilatory exception of nonconformity of the petition with the requirements of La. Code Civ.P. art. 891, a declinatory exception of lack of subject matter jurisdiction, and peremptory exceptions of no right and no cause of action. The trial court held a hearing on these exceptions on March 19, 2003. Neither the Department nor the defendants presented any evidence at this hearing. Upon completion of the argument, [2the trial court denied the dilatory exception and granted the peremptory exception of no cause of action.2 It made no ruling on the remaining two exceptions. On April 3, 2003, the trial court signed a judgment stating only that “IT IS HEREBY ORDERED that this matter be dismissed, with prejudice, at the costs of the State of Louisiana.”3 The Department timely requested a new trial, which the trial court denied. It then filed this appeal, asserting five assignments of error.

OPINION

Louisiana Code of Civil Procedure Article 931 provides in part: “No evidence [780]*780may be introduced at any time to support or controvert the objection that the petition fails to state a cause of action.” In Industrial Cos. v. Durbin, 02-0665, pp. 6-7 (La.1/28/03), 837 So.2d 1207, 1213, the supreme court explained:

The peremptory exception of no cause of action is designed to test the legal sufficiency of the petition by determining whether the particular plaintiff is afforded a remedy in law based on the facts alleged in the pleading. The exception is triable on the face of the petition and, for the purpose of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. In reviewing a trial court’s ruling sustaining an exception of no cause of action, the appellate court ... should conduct a de novo review because the exception raises a question of law and the trial court’s decision is based only on the sufficiency of the petition. Simply stated, a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief. Every reasonable interpretation must be accorded the language of the petition in favor of maintaining its sufficiency and affording the plaintiff the opportunity of presenting evidence at trial.

| ¡¡(Citations omitted.)

The Department asserted in its petition that Adoptions Worldwide, Inc. operated a child-placing agency and advertised itself as such without first obtaining a valid license to do so. The trial court granted the exception of no cause of action, finding that there exists no requirement for a child-placing agency to obtain a license.

Chapter 14 of Title 46 of the Louisiana Revised Statutes is entitled the “Child Care Facility and Child-Placing Agency Licensing Act.” La.R.S. 46:1401. The legislative intent of this Act is set forth in La.R.S. 46:1402 as follows:

It is the intent of the legislature to protect the health, safety, and well-being of the children of the state who are in out-of-home care on a regular or consistent basis. Toward that end, it is the purpose of this Chapter to establish statewide minimum standards for the safety and well-being of children, to insure maintenance of these standards, and to regulate conditions in these facilities through a program of licensing. It shall be the policy of the state to insure protection of all individuals under care in child care facilities and placement agencies and to encourage and assist in the improvement of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Chapter shall not give the Department of Health and Hospitals or the Department of Social Services jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any curriculum or instruction of a school or facility sponsored by a church or religious organization so long as the civil and human rights of the clients and residents are not violated.

(Emphasis added.)

The Act, when read in its entirety, clearly contemplates that a child-placing agency must obtain a Class A or Class B license. It defines a child-placing agency as “any institution, society, agency, corporation, facility, person or persons, or any other group engaged in placing children in foster homes or with substitute parents for temporary care or for adoption, but shall not mean a person who may occasionally refer children for temporary care.” La.R.S. 46:1403(A)(2) (emphasis added). It 14further provides that “[a]ll ... child-plae-[781]*781ing agencies shall be subject to the provisions of [Chapter 14].” La.R.S. 46:1415.

Louisiana Revised Statutes 46:1406 creates the Louisiana Advisory Committee on Licensing of Child Care Facilities and Child-Placing Agencies (Advisory Committee), which is charged with the tasks of developing “new minimum standards for licensure” and of consulting with and advising the Department “on matters pertaining to the review and revision of rules, regulations, and standards for licensure of Class A facilities and decisions to revoke or refuse to grant or renew a Class A license.” La.R.S. 46:1407. Louisiana Revised Statutes 46:1409(B) requires that the Advisory Committee “approve rules and regulations developed by the department to meet” certain minimum “standards for all Class A child care facilities and child 'placement agencies.” (Emphasis added.) Included within those minimum standards are standards to “[prohibit discrimination by ... child placement agencies on the basis of race, color, creed, sex, national origin, handicapping condition, or ancestry.” 4 La.R.S. 46:1409(B)(5).

Louisiana Revised Statutes 46:1408(A) provides in pertinent part that “[a]pplication for a Class A license shall be made by the child care facility or child placing agency to the department upon forms furnished by the department.” (Emphasis added.) Additionally, “[w]hoever operates any ... child-placing agency, as defined in R.S.

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Related

Social Services v. Adoptions Worldwide
942 So. 2d 737 (Louisiana Court of Appeal, 2006)

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Bluebook (online)
878 So. 2d 778, 3 La.App. 3 Cir. 1674, 2004 La. App. LEXIS 1445, 2004 WL 1196630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-social-services-v-adoptions-worldwide-inc-lactapp-2004.