State ex rel. A.D.S.

888 So. 2d 913, 2004 La.App. 4 Cir. 0250, 2004 La. App. LEXIS 2395, 2004 WL 2291463
Louisiana Court of Appeal·Decided September 29, 2004·No. No. 2004-CA-0250·Published·Cited by 3 cases

Opinions

| JAMES F. McKAY III, Judge.

This is an appeal from a judgment terminating the parental rights of I.S. to the minor children, A.D.S., A.T.S. and J.D.S. Finding no manifest error in the trial court’s determination, we affirm the judgment of the trial court.

FACTS AND PROCEDURE

On December 2, 2003, the State of Louisiana, through the Department of Social Services (DSS/OCS), instituted an action for involuntary termination of parental rights against I.S., pursuant to La. Ch. C. art. 1015(4), and asserting that I.S. had effectively abandoned her children. The time frame used by the State to pursue this matter is the six-month period from April 14, 2003 through October 14, 2003. The trial court granted the State’s petition for termination of parental rights on January 13, 2004. The trial court found that the DSS/OCS established by clear and convincing evidence that the termination of parental rights was in the best interest, welfare, health and safety of the minor children. This judgment was also binding upon any and all unknown and/or unidentified fathers of A.D.S., A.T.S. |2and J.D.S.1 The trial court certified that the children were free and eligible for adoption and ordered that the children remain in the care, custody and control of the DSS/OCS.

In November of 2002, the three children, A.T.S.2, eleven years old, A.D.S.3, eight years old, and J.D.S.4, eleven months old, were placed in foster care for the third time.5 At an adjudication hearing on December 9, 2002, the three children were ordered returned to their mother, I.S. On February 24, 2003, A.T.S. was removed from the custody of I.S. and placed in the custody of the DSS/OCS, which placed her in foster care.6 Subsequently, a child in need of care adjudication hearing was held and on April 14, 2003, all three children were found to be in need of care and returned to foster care.

On April 14, 2003, the court ordered I.S. to complete a case plan with specific requirements to achieve reunification at the earliest possible time, which included enrollment in parenting classes, submission to psychological evaluations, cooperation and participation in the reunification case plan, obtaining and maintaining stable housing and employment, attending all authorized visitations with the children, and paying $25.00 per month in interim support. At a hearing on May 29, 2003, the court determined that I.S. was in minimal compliance with the court’s prior orders and the case plan for reunification. At a subsequent hearing on ^November 12, 2003, the trial court again noted that I.S. was in minimal compliance with the court’s orders. On December 2, 2003, the DSS/ OCS filed a petition for termination of parental rights alleging that I.S. demonstrated an intention to permanently avoid [916] parental responsibility. The DSS/OCS specifically alleged that:

1. As of the filing of the petition, I.S., failed to provide significant contributions to the children’s care and support for six consecutive months, from April 14, 2003 to October 14, 2003; (a) I.S. did not pay any child support; (b) I.S. did not provide cards, gifts, clothing or letters for the children;
2. As of the filing of the petition, I.S. has failed to maintain significant contact with the children by failing to visit or communicate with the children, except for two visits and one brief contact at court, for six consecutive months from April 14, 2003, to October 14, 2003; (a) I.S. does not maintain emotional support for the children, including failing to contact them on holidays; (b) I.S. does not provide cards, gifts, clothing or letters for the children; (c) I.S. had no in-person, phone or written contact with the children except for two visits and on brief contact at court between April 14, 2003 when A.D.S. and J.D.S. entered foster care and October 14, 2003; (d) I.S. had no in-person, phone or written contact with A.T.S. from the time that child entered foster care on February 24, 2003 until April 14, 2003, A.D.S. and J.D.S. entered foster care; (e) I.S. has failed to consistently make or maintain contact with the agency; she has not consistently inquired about the children’s status or assisted in planning for their future; she has not completed the case plan.

DISCUSSION

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State ex rel. A.D.S., 888 So. 2d 913, 2004 La.App. 4 Cir. 0250, 2004 La. App. LEXIS 2395, 2004 WL 2291463 (La. Ct. App. 2004).

888 So. 2d 913 (State ex rel. A.D.S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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