State Ex Rel. Adw

974 So. 2d 137, 2008 WL 80636
CourtLouisiana Court of Appeal
DecidedJanuary 9, 2008
Docket43,012-JAC
StatusPublished

This text of 974 So. 2d 137 (State Ex Rel. Adw) 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. Adw, 974 So. 2d 137, 2008 WL 80636 (La. Ct. App. 2008).

Opinion

974 So.2d 137 (2008)

STATE of Louisiana IN the INTEREST OF A.D.W, A.N.W and S.S.W.

No. 43,012-JAC.

Court of Appeal of Louisiana, Second Circuit.

January 9, 2008.

*138 Michael Nerren, Indigent Defender Board, for Mother, A.W., Appellant.

Audie L. Jones, Shreveport, for the Department of Social Services, Appellee.

Karen Stubbs, Assistant District Attorney, for the State, Appellee.

Calvin Shirey, for Father, J.D.W., Appellee.

Brad Smitherman, for Children, Appellees.

Before WILLIAMS, GASKINS and PEATROSS, JJ.

GASKINS, J.

A.W., the mother of three minor children, appeals from a trial court judgment terminating her parental rights. We affirm the trial court judgment.

FACTS

The children (A.D.W., born in 2001; A.N.W., born in 2002; and S.S.W., born in 2004) were placed in the custody of the Department of Social Services (DSS) in May 2005 due to allegations of abuse and neglect by the mother and J.D.W., the presumed biological father of A.D.W. and the legal father of the other two children. In particular, the two older children had significant bruising and teeth rotten to the gum line. All three children were adjudicated to be in need of care. DSS established a plan for reunification for the family after the children were placed in foster care.

In January 2007, DSS filed a petition for termination of the parental rights of both parents. Following a hearing in July 2007, *139 the trial court rendered written reasons in August 2007. J.D.W.'s rights were terminated following a showing that he had failed to work the case plan. The trial court found that he has abandoned the children.

As to the mother, the court noted that she initially made efforts to comply with portions of the plan. However, the court found that she failed to show "substantial measurable progress as it relates to the parenting classes and anger management class." During her visits with the children, she failed to implement the techniques taught in those classes. According to the case workers, the mother inappropriately disciplined and even hit one of the children during supervised visitation. The trial court expressed concern for the safety of the children given the mother's noncompliance even in a supervised environment.

The trial court considered the evidence submitted by Dr. John Simoneaux; he testified that he evaluated the mother in August, 2006 and later in June 2007. He found little change in the mother in the period between his evaluations. Dr. Simoneaux did not believe that she recognized her alcohol abuse problems.

The trial court also found that the mother had failed to keep DSS informed of her whereabouts and that she had not established a home suitable for the children. It further noted the mother's criminal conviction for manslaughter in 1990; this arose from the mother killing her eldest child, R.W., in August 1989, by placing the crying infant in a freezer.

After concluding that the evidence showed by clear and convincing proof that the children could not be safely returned to the mother and that the mother had failed to make substantial, measurable progress in the 19 months since the children were removed from her care, the trial court ordered the termination of her parental rights. Judgment in conformity with the court's ruling was signed on August 29, 2007.

The mother appealed.

LAW

Title X of the Louisiana Children's Code governs the involuntary termination of parental rights. Permanent termination of the legal relationship existing between natural parents and children is one of the most drastic actions the state can take against its citizens. State ex rel. A.T., XXXX-XXXX (La.7/6/06), 936 So.2d 79.

In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. Parents have a natural, fundamental liberty interest to the continuing companionship, care, custody, and management of their children. These interests warrant great deference and require full, vigilant due process protection that fair procedure be followed when the state seeks to terminate the parent-child legal relationship. Balanced against those protections is the child's profound interest in terminating parental rights which prevent adoption, and hamper the establishment of secure, stable, long-term, and continuous relationships found in a home with proper parental care. In balancing the parents' and the child's interests, the courts of this state have consistently' found the interests of the child to be paramount over those of the parents. State ex rel. L.B. v. G.B.B., XXXX-XXXX (La.12/4/02), 831 So.2d 918.

The fundamental purpose of involuntary termination proceedings is to provide the greatest possible protection to a child whose parents are unwilling or unable to provide adequate care for his physical, emotional, and mental health needs and *140 adequate rearing by providing an expeditious judicial process for the termination of all parental rights and responsibilities and to achieve permanency and stability for the child. The focus of an involuntary termination proceeding is not whether the parent should be deprived of custody, but whether it would be in the best interest of the child for all legal relations with the parents to be terminated. As such, the primary concern of the courts and the state remains to secure the best interest for the child, including termination of parental rights if justifiable grounds exist and are proven. State ex rel. L.B. v. G.B.B., supra; State ex rel. C.M.M. v. T.P.M., 42,238 (La.App.2d Cir.5/9/07), 957 So.2d 330.

Termination of parental rights is a severe and terminal action, so the legislature has mandated that, in order to terminate these rights, the state must satisfy an onerous burden of proof. Namely, it bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence. La. Ch. C. art. 1035; State in Interest of D.G. v. Danny G., 30,196 (La.App.2d Cir.10/29/97), 702 So.2d 43; State ex rel. B.H. v. A.H., 42,864 (La.App.2d Cir.10/24/07), 968 So.2d 881. Although there are several statutory grounds for involuntary termination of parental rights set forth in La. Ch. C. art. 1015, only one ground need be established. State ex rel. SAW v. Mitchell, 2001-2128 (La.11/28/01), 800 So.2d 809; State in Interest of D.G. v. Danny G., supra. Even upon finding that the state has met its evidentiary burden, a court still should not terminate parental rights unless it determines that to do so is in the child's best interests. La. Ch. C. art. 1039; State ex rel. C.M.M. v. T.P.M., supra.

La. Ch. C. Art. 1015 provides, in relevant part:

The grounds for termination of parental rights are:

(5) Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent's custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent's condition or conduct in the near future, considering the child's age and his need for a safe, stable, and permanent home.

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Related

STATE, IN INTEREST OF DG v. Danny G.
702 So. 2d 43 (Louisiana Court of Appeal, 1997)
State Ex Rel. SNW v. Mitchell
800 So. 2d 809 (Supreme Court of Louisiana, 2001)
State ex rel. L.B. v. G.B.B.
831 So. 2d 918 (Supreme Court of Louisiana, 2002)
State ex rel. A.T.
936 So. 2d 79 (Supreme Court of Louisiana, 2006)
State ex rel. C.M.M. v. T.P.M.
957 So. 2d 330 (Louisiana Court of Appeal, 2007)
State ex rel. B.H. v. A.H.
968 So. 2d 881 (Louisiana Court of Appeal, 2007)
State ex rel. A.D.W.
974 So. 2d 137 (Louisiana Court of Appeal, 2008)

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974 So. 2d 137, 2008 WL 80636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-adw-lactapp-2008.