State ex rel. A.N.B.

750 So. 2d 413, 2000 La. App. LEXIS 46, 2000 WL 61287
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2000
DocketNo. 33,335-JAC
StatusPublished
Cited by1 cases

This text of 750 So. 2d 413 (State ex rel. A.N.B.) 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.N.B., 750 So. 2d 413, 2000 La. App. LEXIS 46, 2000 WL 61287 (La. Ct. App. 2000).

Opinion

| T PEATROSS, J.

This appeal arises from the judgment of the trial court terminating the parental rights of the natural mother, Donna Renee Brown, to her minor child, A.N.B., and certifying the minor child for adoption. The mother appeals. For the reasons stated herein, the judgment of the trial court is affirmed.

FACTS

On July 31, 1997, A.N.B. was placed in the custody of the Department of Social Services (“Department”) by oral instanter order. At the time of the order, A.N.B. was approaching 19 months of age. The affidavit supporting the oral instanter order alleged medical neglect and lack of supervision. Specifically, the affidavit stated that the mother did not have a home or any source of income, resulting in the child being left with many different people. Additionally, the child had a neck injury, the source of which was unknown to the mother. A.N.B. was subsequently examined by a doctor who could not determine the source or cause of the injury, but noted medical neglect. Initially, the mother wanted to surrender the child, but changed her mind and decided to work with the Department to regain custody of her daughter.

On September 23, 1997, A.N.B. was adjudicated a child in need of care. The initial case plan goal for the family was reunification.1 The individual goals for the mother were: (1) attend parenting classes and demonstrate the skills learned; (2) obtain suitable employment and education to secure the employment; [415]*415(3) remain drug and alcohol free and demonstrate this; (4) visit with A.N.B. and support her placement; (5) keep the agency informed of her whereabouts and progress; and (6) refrain from criminal activities. After more than one and a half years of attempting, unsuccessfully, to “work with” the mother toward reformation band reunification, the Department filed a petition to terminate the mother’s parental rights on the grounds that the mother failed to substantially comply with the case plan, including failure to consistently attend parenting classes and an inability to demonstrate skills learned in the classes she did attend. The petition stated that the mother had moved several times during the previous year and a half and did not have a stable residence. Additionally, the mother failed to consistently attend job skills training and had not been successful in retaining a job. Despite the Department’s offer of transportation, the mother missed approximately 20 percent of her visits with A.N.B. and quickly became bored during the visits she did attend. Due to the lack of cooperation and completion of the case plan, the Department argued that it was in the best interest of the child that the mother’s parental rights be terminated and that the child be freed for adoption. At the time the petition was filed, A.N.B. was approximately three years old and had been in the custody of the state for almost 18 months.

Trial of the matter was held on May 11, 1999. Karen Hendry, a child protection investigator who had been assigned to the case, testified regarding the initial investigation. Ms. Hendry testified that the cause of the child’s injury, the mark on her neck, which was thought by the doctor to be a burn, was not determined and that the mother did not seem to know how it had occurred. Ms. Hendry also related the circumstances of the mother and her lack of supervision and care of the child as described in the affidavit supporting the oral instanter order, specifically stating that the mother would leave the child with other people for days at a time without checking on her. Ms. Hendry further indicated that the mother initially wanted to surrender the child, but later changed her mind and decided to work with the Department toward reunification.

Tracy Hoggatt, the case manager, testified that the mother had lived in approximately 11 different places during her involvement with the case and had |3had relationships with at least three different men. She also testified that the mother missed opportunities for Department transportation to counseling and visitation sessions and appeared bored during visits with her daughter. According to Ms. Hog-gatt, the mother requested shorter visits and afternoon visits because she would not wake early enough for morning visits.

Ms. Hoggatt further testified that Randy Lee, to whom the mother was married in April 1999, did not appear interested in participating in the case plan until trial. She also indicated that there may be problems with drug use in Mr. Lee’s past; and, while he did consent to a drug screen, it took months to get that accomplished. Both Mr. Lee and his mother testified and indicated a desire and willingness to assist the mother in raising the child.

Finally, Ms. Hoggatt testified that there was no evidence of drug use or criminal activity on the part of the mother; however, the mother refused, or avoided, being drug tested. It was Ms. Hoggatt’s opinion that there had not been sufficient reformation to return the child to the mother.

During her testimony, the mother admitted that she had had scanty employment, had lived in different places and had failed to keep the Department apprised of her whereabouts during the year and a half prior to the filing of the petition to terminate her rights. She did testify, however, that her marriage had given her a stable home and that she wanted to regain custody of her daughter.

[416]*416Pursuant to the request of the mother, the court ordered a psychological evaluation and heard testimony from Dr, Bobby Stephenson, an expert in the field of psychology. Dr. Stephenson testified that he evaluated the mother in order to determine her capability of being a parent to her daughter. Dr. Stephenson testified that, according to tests, the mother functions as a 19-year-old, mildly retarded individual. She also suffers from anxiety, much of which has been caused by the situation with her daughter. She has difficulty in terms of processing [ information dealing with everyday events, problems with judgment, weaknesses in terms of attention, has little ability to be flexible and adaptable and has problems learning and being able to apply what she has learned. Dr. Stephenson further testified that the mother has difficulty following through with a plan and seems to be a person who tends to become very dependent upon people and, as a result, gets involved in situations where she looks to others to care for her and could be subjected to abuse. Additionally, Dr. Stephenson testified that the mother is immature, dependant, has difficulty in terms of understanding who she is and what her abilities are, has disturbance in terms of identity, is at risk for substance abuse, tends to be passive and excessively relies on others. The mother seems to understand what children need, but her passivity and inadequacy interfere with her making that kind of commitment. Dr. Stephenson opined that the mother lacks the ability to do what is in her daughter’s best interest and to provide for her on a continuing basis; instead, the mother would likely be neglectful.

Dr. Stephenson also evaluated A.N.B. and found her to be a bright child who was emotionally attached to her foster mother. He testified that, while A.N.B. knows her natural mother, she has no emotional attachment to her. Dr. Stephenson opined that A.N.B. cannot wait for her natural mother to mature and deserves parents now.

On September 2, 1999, the trial court entered a judgment terminating, totally and irrevocably, the parental rights of both the mother and father to A.N.B.

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Bluebook (online)
750 So. 2d 413, 2000 La. App. LEXIS 46, 2000 WL 61287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-anb-lactapp-2000.