State ex rel. A.C.

785 So. 2d 227, 2000 La.App. 4 Cir. 2670, 2001 La. App. LEXIS 1189, 2001 WL 540580
CourtLouisiana Court of Appeal
DecidedApril 11, 2001
DocketNo. 2000-CA-2670
StatusPublished

This text of 785 So. 2d 227 (State ex rel. A.C.) 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 ex rel. A.C., 785 So. 2d 227, 2000 La.App. 4 Cir. 2670, 2001 La. App. LEXIS 1189, 2001 WL 540580 (La. Ct. App. 2001).

Opinion

L MURRAY, Judge.

This is an appeal from a juvenile court judgment terminating parental rights. For the following reasons, we affirm the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

D.C. is the mother of D.O.C., a son born on October 4, 1989, A.M.C., a daughter born on December 31, 1990, and L.A.C., a daughter born on January 6,1993.1

D.O.C. and A.M.C. were placed in the custody of the State of Louisiana, Department of Health and Human Resources, Office of Community Services (“OCS”), in Orleans Parish on June 30, 1992. Based on reports from the OCS, the State’s petition asserted that: D.O.C. and A.M.C. were neglected and dependent children because D.C. left them with T.L. and had not returned; D.C. was arrested for prostitution, loitering, and unauthorized use of a movable; T.L. said he could not take care of the children; the children’s home had no water or electricity; the children were filthy; A.M.C. had diluted, spoiled milk in her bottle, and the | ..children had healing [228]*228loop marks consistent with extension cord beatings and various other marks and bruises.

On September 3, 1992, the trial court adjudicated D.O.C. and A.M.C. children in need of care and the OCS placed them in foster care. The trial court concurred in the State’s case plan for reunification of the children with their parents, but ordered the parents to participate in parenting classes, substance abuse counseling and random screenings, and to obtain adequate housing.

In judgments of January 27, 1993, August 30, 1993, and March 9, 1994, relative to D.O.C. and A.M.C., the trial court found that reunification of the family was not feasible due to the inability and/or unwillingness of the parents to provide proper care and/or the incarceration of the parents. The January 1993 judgment ordered special conditions for D.C., including her participation in substance abuse counseling, drug screening, and Narcotics Anonymous. The August 1993 judgment noted D.C.’s failure to visit her children and her failure on evaluations, and warned that D.C.’s failure to comply with the special conditions would result in the termination of her parental rights. The March 1994 judgment noted the trial court’s concurrence with the OCS plan for termination of parental rights as to D.C., noting “[D.C.] has not done anything she was ordered to do.”

Meanwhile, L.A.C. was placed in State custody on August 3, 1993. The State’s petition asserted that D.C. left L.A.C. with a babysitter and was subsequently arrested and incarcerated, and L.A.C.’s father, T.L., was incarcerated; that L.A.C. had suffered a cigarette burn on her arm, her home had no electricity, and she had a bad scalp condition and possibly an ear infection. The trial court adjudicated L.A.C. a child in need of care on November 8, 1993, and the OCS ^placed her in foster care. The trial court adopted a case plan for reunification of L.A.C. with D.C., requiring D.C. to participate in parenting and substance abuse programs and to secure housing.

In judgments of May 3, 1995 and September 16, 1996, relative to D.O.C. and A.M.C., the trial court reiterated its concurrence with the revised OCS plan for termination of D.C.’s parental rights, again ordering D.C. to comply with all previous court orders.

In a judgment of March 6,1998, the trial court, noting that D.C. was incarcerated, removed D.O.C. and A.M.C. from foster care and placed them in the custody of their aunt in Concordia Parish, Louisiana.2 Their case was placed on inactive status in Orleans Parish.

From 1993 to 1998, L.A.C. remained in foster care around New Orleans, as did D.O.C. and A.M.C., until she too was placed in the custody of the same aunt in August 1998. L.A.C.’s case was then placed on inactive status in Orleans Parish.

On March 17, 1999, the children returned to State custody in Orleans Parish after their aunt was arrested. After the Concordia Parish court adjudicated the children in need of care, the case was transferred back to Orleans Parish, reopened, and consolidated.

The OCS attempted to locate D.C. from May 1999 to September 1999, with no success. D.C. eventually contacted the OCS in September 1999 from Orleans Parish [229]*229Prison, where she had been incarcerated since July 1999.

In a judgment of January 11, 2000, the trial court noted that D.C. had not been in substantial compliance with court orders and the case plan for ^reunification. In a judgment of July 13, 2000, the trial court concurred with the OCS plan of termination of parental rights. Again, the court noted that D.C. had been in total noncompliance with court orders and the case plan for reunification.

The State filed a petition for termination of parental rights and certification of the children for adoption on August 17, 2000. In its petition, the State alleged that D.C. made no substantial compliance with the OCS case plan and that there was:

... no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future, considering the age of the children and their need for stable and permanent homes, as evidenced by the mother’s long history of substance abuse, her frequent incarcerations, and her failure to participate in recommended substance abuse treatment and other services or to otherwise comply with the case plan adopted by the agency and approved by the Court.

After a trial on October 26, 2000, the trial court rendered judgment terminating all parental rights and obligations of D.C. relative to her children, D.O.C., A.M.C., and L.A.C.3 D.C. appeals this judgment.

At trial, the State presented testimony of four OCS ease workers. D.C. and T.L. also testified.

Suzanne Johnson, A.M.C.’s case manager, testified that she received the case in May 1999, when the children returned from Concordia Parish. Johnson testified that she attempted to locate D.C. at a Metairie, Louisiana address from May to September of 1999. She testified that she spoke to D.C.’s boyfriend, Kenneth Sanders; twice at this address, and he initially told her that D.C. did not live there, but later revealed that D.C. was in jail.

| Johnson testified that D.C. contacted her from jail, precipitating her discussions with D.C. about the case plan for the children. Johnson testified that D.C. expressed love for her children and sorrow about her past substance abuse, which the OCS reports showed was seven years in duration, and said that she was finished with drugs. Johnson stated that beginning in December 1999, D.C. expressed her wish that her children be placed in the home of her boyfriend, his mother, and her youngest daughter. Johnson testified that a home study determined this home was physically adequate and that Sanders’s mother wanted D.C.’s children to live there.

Johnson further testified that test results indicated that D.C. was using drugs when she lived with Sanders. Johnson stated that she has an unspecified record of D.C.’s past participation in drug programs, as well as reports of random incarcerations of D.C. from 1993 to 1999. Johnson testified that she thought D.C. was to be released from jail in April 2001, but that D.C. reported to her that she could be released in February 2001 because she had obtained her GED while in jail.

Johnson testified that she received seven letters from D.C. from September 1999 to June 2000. Johnson testified that during this time period, D.C.

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Bluebook (online)
785 So. 2d 227, 2000 La.App. 4 Cir. 2670, 2001 La. App. LEXIS 1189, 2001 WL 540580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ac-lactapp-2001.