State ex rel. A.T.C.

947 So. 2d 71, 6 La.App. 5 Cir. 562, 2006 La. App. LEXIS 2710, 2006 WL 3420467
CourtLouisiana Court of Appeal
DecidedNovember 28, 2006
DocketNo. 06-CA-562
StatusPublished
Cited by3 cases

This text of 947 So. 2d 71 (State ex rel. A.T.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.T.C., 947 So. 2d 71, 6 La.App. 5 Cir. 562, 2006 La. App. LEXIS 2710, 2006 WL 3420467 (La. Ct. App. 2006).

Opinion

GREG G. GUIDRY, Judge.

|j>The juvenile court rendered judgment in this case on the petition of the Department of Social Services, Office of Community Services (OCS), terminating the parental rights of the mother, S.C.,1 to the minor children A.C. and C.C.2 S.C. appeals from that judgment. For the reasons which follow, we affirm.

A.C. was born on January 20, 1991. C.C. was born January 4, 1995. They are the minor children of S.C. On August 23, 2005, OCS filed a petition to terminate S.C.’s parental rights alleging that she had abandoned her children and that her rights should be terminated under La. Ch.C. art. 1015(4)(b) and (c). The petition also asserted that it was in the best interest of the children to have the opportunity for permanency through an adoptive home.

IsFollowing a hearing, the court found that “OCS has proven by clear and convincing evidence that the parents, [L.C.] and [S.C.], have abandoned the minor children pursuant to Louisiana Children’s Code Article 1015(4), inasmuch as for a period in excess of six months the parents have failed to maintain substantial contacts with the children or to pay substantial support for the children and have not provided for the health, safety or financial support of the children.” Additionally, the court found “that it is in the best interest of the children for them to be freed for adoption together, by the prospective adoptive parents whom they have identified.” The court rendered judgment on February 2, 2006 terminating the parental rights of each parent. It is from this judgment that S.C. appealed. On appeal, S.C. assigns two errors.

In the single argument on the assigned errors, S.C. argues that the court erred in terminating her parental rights without first requiring OCS to search for relatives who could care for the children. S.C. also argues that OCS failed to prove that she intended to permanently avoid parental responsibility. She contends that the children are very attached to her and that she did not intend to abandon them but was prevented from supporting and providing for the children because of hurricane Katrina and her incarceration.

OCS opposed S.C.’s position arguing that they met the burden of proof by clear and convincing evidence and the juvenile [74]*74court judgment terminating S.C.’s parental rights should be affirmed. OCS points out that the children have been in state custody since March 2004 when S.C. was picked up on a shoplifting charge. The children were found to be “in need of care” on May 18, 2004 and a case plan was presented with the goal of reunification. From May through October, S.C. was difficult to get in touch with. She changed addresses and could not be reached by telephone. S.C. was re-incarcerated in October 2004. Despite being given bus Rtokens, S.C. made no visits between July and October. One of the children, A.C., was taken to the prison to visit her mother in February 2005. S.C. did not send any cards or letters to the children before the petition to terminate was filed in August 2005. She paid no child support during the two year period that the children were in foster care. OCS points out that the children want to be adopted and S.C. presented no evidence of “just cause” for her lack of support of or communication with the children.

In State ex rel. J.A, 99-2905 pgs. 7-9 (La.1/12/00), 752 So.2d 806, 810-811, the Louisiana Supreme Court discussed termination of parental rights proceedings, as follows:

In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. The parents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children warranting great deference and vigilant protection under the law, Lassiter v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981), and due process requires that a fundamentally fair procedure be followed when the state seeks to terminate the parent-child legal relationship, State in Interest of Delcuze, 407 So.2d 707 (La.1981). However, the child has a profound interest, often at odds with those of his parents, in terminating parental rights that prevent adoption and inhibit establishing secure, stable, long-term, and continuous relationships found in a home with proper parental care. Lehman v. Lycoming County Children’s Serv.’s Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982); see also State in the Interest of S.M., 98-0922 (La.10/20/98), 719 So.2d 445, 452. In balancing these interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent. See, e.g., State in the Interest of S.M., 719 So.2d at 452; State in the Interest of AE., 448 So.2d 183, 186 (La.App. 4 Cir.1984); State in the Interest of Driscoll, 410 So.2d 255, 258 (La.App. 4 Cir.1982).
The State’s parens patriae power allows intervention in the parent-child relationship only under serious circumstances, such as where the State seeks the ^permanent severance of that relationship in an involuntary termination proceeding. 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 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. La. Child. Code art. 1001. As such, the primary concern of the courts and the State remains to secure the best interest [75]*75for the child, including termination of parental rights if justifiable grounds exist and are proven. Nonetheless, courts must proceed with care and caution as the permanent termination of the legal relationship existing between natural parents and the child is one of the most drastic actions the State can take against its citizens.

In this case, OCS grounded the petition for termination on La. Ch.C. art. 1015(4)(b) and (c) which provides:

The grounds for termination of parental rights are:
(4) Abandonment of the child by placing him in the physical custody of a nonparent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:
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(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child’s care and support for any period of six consecutive months.
(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.

The State only needs to establish one ground under La. Ch.C. art.

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Bluebook (online)
947 So. 2d 71, 6 La.App. 5 Cir. 562, 2006 La. App. LEXIS 2710, 2006 WL 3420467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-atc-lactapp-2006.