State ex rel. A.M.C.

210 So. 3d 946, 16 La.App. 5 Cir. 615, 2017 WL 511867, 2017 La. App. LEXIS 169
CourtLouisiana Court of Appeal
DecidedFebruary 8, 2017
DocketNO. 16-CA-615
StatusPublished
Cited by1 cases

This text of 210 So. 3d 946 (State ex rel. A.M.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.M.C., 210 So. 3d 946, 16 La.App. 5 Cir. 615, 2017 WL 511867, 2017 La. App. LEXIS 169 (La. Ct. App. 2017).

Opinion

MURPHY, J.

iJfhe district court rendered judgment in this case on the petition of the Department of Children and Family Services (“DCFS”), terminating the parental rights of the mother, A.C., and the father, M.C., to the minor child A.M.C.1 A.C. and M.C. appeal from that judgment. For the reasons that follow, we affirm.

A.M.C. was born on March 16, 2014, and is the minor child of A.C. and M.C. On February 18, 2016, DCFS filed a petition to terminate A.C.’s and M.C.’s parental rights, alleging that they had abandoned A.M.C. and that their rights should be terminated under La. Ch.C. art. 1015(4) and/or (5).2 The petition also asserted that it was in A.M.C’s best interest to be freed for adoption.

Following a hearing on June 23, 2016, the court found that DCFS had established grounds for termination under La. Ch.C. art. 1015(5). Specifically, the court noted that: 1) A.M.C. had been removed from her parents’ custody for over one year; 2) there had not been substantial parental compliance, and; 3) there was no reasonable expectation that the parents’ condition of a diminished capacity to understand how to properly care for A.M.C.’s special medical needs would improve in the near future. Additionally, the court found that being freed for adoption was in AM.C.’s best interest considering that the prospective adoptive parent knew how to operate AM.C.’s medical equipment and administer medication, and the prospective adoptive parent is related to one of A.M.C’s parents and “would likely continue to foster a relationship between [A.M.C] and her biological parents.” The court rendered judgment on August 26, 2016, terminating the parental rights of both parents. It is from this judgment that A.C. and M.C. appeal.

|aIn their first assignment of error, A.C, and M.C. argue that the trial court erred in finding that they had not substantially complied with the case plan. In their second assignment, it is argued that the trial court committed manifested error and/or abused its discretion in finding that termination of parental rights was in A.M.C.’s best interest. Conversely, DCFS argues that while A.C. and M.C. apparently made some effort toward the case plan goals, their efforts were not sufficient to improve their “situation.” Furthermore, DCFS contends that the trial court did not err in finding that the termination of parental rights was in A.M.C.’s best interest.

In its petition to terminate, DCFS asserted that after A.M.C. was taken into the State’s custody on September 16, 2014, the court approved a case plan for services to return A.M.C. to her parents, but that neither parent had substantially complied with the case plan. With respect to A.C., the petition alleged the following:

1. The mother has failed to attend all court-approved scheduled visitations with the child.
[949]*9492. The mother has failed to consistently keep the Department apprised of her whereabouts and significant changes affecting her ability to comply with the case plan for services.
3. The mother has failed to contribute to the court ordered costs of the child’s care.
4. The mother has failed to complete and demonstrate significant measurable progress in all required programs of treatment and rehabilitation services.
5. The mother lacks substantial improvement in redressing the problems preventing reunification.
6. The conditions that led to the removal or similar potentially harmful conditions persist.
7. The mother has failed to establish housing safe and appropriate for herself and her child.
8. The mother has not provided the agency with an appropriate care plan.
9. The mother has not attended all FTC’s, court hearings, medical appointments and all other appointments in regards to her child.
10. The mother has not attended, participated and successfully completed parenting education classes.
11. The mother has not learned the skills necessary to address the child’s special medical needs.

laThe petition alleged identical grounds as to M.C. and, in addition, alleged that M.C. had “failed to submit to either a mental health assessment or a substance abuse assessment; he had a positive drug screen as recently as October, 2015.”

At the termination hearing on June 23, 2016, it was first noted for the record that neither A.C. nor M.C. were present, and that service on both parents had been verified. The court also took judicial notice of the child in need of care proceedings underlying the termination. The first witness, Katrina Price, testified that she was a child welfare specialist for DCFS assigned to A.M.C. and her parents since February 18, 2015. A.M.C. came into care after medical staff at Children’s Hospital became concerned that A.M.C.’s parents had limited cognitive ability that prevented them from operating the oxygen machine that A.M.C. used to breathe3 and that they also could not operate the sleep apnea monitor that A.M.C. was required to have for medical purposes.

Ms. Price further testified that A.M.C’s parents were ordered to complete a case plan. Since the implementation of the plan, A.C. made no “parental contributions” or child support payments toward A.M.C., nor did A.C. provide food, clothing, or “other necessities” to A.M.C. A.C. was given “liberal visits” with A.M.C., yet had only seen A.M.C. twice in 2016, as of the date of the hearing, and “four to six times” in the prior year. Ms. Price explained that A.C. saw A.M.C. only when dropping off her other child, L.C., to the same caretaker who watched A.M.C. A.C. did not keep DCFS informed of her whereabouts at all times, and also did not provide current contact information. At the time of the hearing, Ms. Price had just learned that A.C. and M.C. had moved into a trailer, but A.C. could not provide any documentation as to whom the trailer was leased. In a visit to the parent’s apartment, Ms. Price could smell marijuana in the home. There were also | ¿concerns that A.C.’s mother, who was identified by A.C. as someone who would help care for A.M.C. if returned [950]*950to her parents, appeared to be intoxicated “most of the time.” A.C. did not attend all “FTC” meetings, missed three court hearings, and did not attend medical appointments with A.M.C., even though she was offered transportation. A.C. did attend parenting classes from April of 2015, through November of 2015, but was terminated from that program due to “limited cognitive capacity.” A.C. had not learned the skills necessary to address A.M.C.’s special medical needs which, at the time of the hearing, consisted of multiple daily breathing treatments, and regular doctor visits with different specialists. A.C. had never met with AM.C.’s team of specialists to learn what AJVLC.’s needs are, or how to operate the medical equipment.

With regard to M.C., Ms. Price testified that he was ordered to complete a case plan as well. Similar to A.C., M.C. did not contribute to A.M.C.’s support or provide necessities for her. He visited A.M.C. twice in 2016 and approximately “four to six times” in 2015. M.C. did not keep the department informed of his whereabouts at all times, and also changed his phone number. M.C.

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Bluebook (online)
210 So. 3d 946, 16 La.App. 5 Cir. 615, 2017 WL 511867, 2017 La. App. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-amc-lactapp-2017.