State ex rel. B.J.

135 So. 3d 777, 2014 WL 260540, 2014 La. App. LEXIS 70
CourtLouisiana Court of Appeal
DecidedJanuary 15, 2014
DocketNo. 48,857-JAC
StatusPublished
Cited by12 cases

This text of 135 So. 3d 777 (State ex rel. B.J.) 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. B.J., 135 So. 3d 777, 2014 WL 260540, 2014 La. App. LEXIS 70 (La. Ct. App. 2014).

Opinion

CARAWAY, J.

| following her failure to meet reunification plans by the state and her multiple incarcerations related to substance abuse, appellant’s parental rights were terminated by the trial court. The mother appeals the ruling. We affirm the trial court.

Facts

The mother, B.W., and the father, J.J., are the biological parents of a six-year-old female, B.J. (born on November 9, 2007), and a five-year-old male, P.W. (born October 20, 2008). On October 14, 2010, B.W. voluntarily placed P.W. in the care of the Louisiana Baptist Children’s Home (“LBCH”) foster care program due to her incarceration at the Ouachita Parish Correctional Center (“OPCC”). P.W. was placed with an off-campus foster family.

B.W. was released from OPCC in November 2010 but was booked into the Morehouse Parish Detention Center on December 16, 2010, and released on May 21, 2011. Upon her release, B.W. was sent to Rayville Recovery for substance abuse rehabilitation but left after two weeks and did not complete the program. B.W. was arrested again on July 7, 2011, and released from jail on July 25, 2011.

During these events, B.J. had been staying with her father, J.J. However, on July 8, 2011, he voluntarily placed the child in foster care at LBCH, claiming that he did not have anyone to take care of her while he worked. B.J. was placed in the same foster home as her brother. J.J. also had criminal and drug abuse histories. J.J. has not appealed the ruling of the trial court terminating his parental rights.

|?On September 27, 2011, the Morehouse Parish office of the Louisiana Department of Children and Family Services (“DCFS”) received a report of alleged abandonment of B.J. and P.W.1 On October 10, 2011, B.W. was given a drug test; she admitted that she would test positive for crack cocaine. On October 11, 2011, an Instanter Order was issued placing B.J. and P.W. into the temporary custody of DCFS. A continued custody hearing occurred the following day at which only B.W. was present. The parents ultimately stipulated to the continued custody of the children with DCFS, and the children remained in foster care. B.W. attended the initial Family [780]*780Team Administrative Conference on November 7, 2011.2 DCFS adopted a permanent plan for reunification of the children with the parents, who were allowed two monthly visits with the children.

The children were adjudicated as children in need of care on January 11, 2012. Neither parent appeared for the hearing although both were served with notice. The plan for reunification continued.

By October 9, 2012, DCFS issued a report that changed the plan from reunification to adoption for both children. The grounds for the change in the plan included B.W.’s failure to attend parenting education or anger management classes, or submit to substance abuse and psychological evaluations. Other stated grounds included B.W.’s limited visitation with the children on only four occasions since October 11, 2011, limited contact with the caseworker, lack of a home address, unemployment and lies about Rher place of residence. The report also stated that B.W. admitted to smoking crack cocaine and marijuana on June 18, 2012, was arrested on July 3, 2012, and incarcerated at the time of the report.

A permanency plan hearing was held on October 17, 2012. B.W. appeared requesting a continuance because she was incarcerated and was due to be in court on October 29, 2012, for a probation revocation hearing. The court denied the request for a continuance. B.W. stipulated to the content of the above-referenced report but did not agree to the goal change. Ultimately, the court determined that a permanent plan of adoption was the most appropriate and least restrictive for the children.

On January 9, 2013, DCFS filed a petition seeking the involuntary termination of B.W.’s and J.J.’s parental rights. By this time, the children had been in the custody of DCFS for almost 15 months.

Trial to terminate parental rights was held on July 10, 2013, and despite her repeated incarceration, B.W. did attend. DCFS’s foster care manager, April Fitch, testified that the children had been in state custody since October 10, 2011. The various case plans were updated every 6 months and listed things that the parents were required to do. B.W. was given DCFS contact information and understood the terms of the plans. Nevertheless, Fitch stated that the mother did not cooperate with efforts at reunification because she failed to maintain a safe home environment and home for six months, failed to provide income or to attend anger management classes, and to participate in consistent drug screening tests and to undergo both substance abuse and psychological evaluations. Fitch testified that B.W. was in prison after having her probation revoked in April |42013. During the 22 months that the children were in the care of DCFS, B.W. visited with them five times even though she was allowed visitation every two weeks.

Fitch indicated that B.W. would submit to drug screening each time she had seen her. Yet, B.W. was difficult to locate, especially in the previous 12 months. B.W. indicated on June 18, 2012, that she would test positive for drugs. Fitch also recalled that B.W. tested positive on one or two other drug screens.

Fitch testified that she did not believe B.W. was going to have a significant improvement in her conduct based upon her failure to cooperate and to keep her whereabouts known to DCFS. B.W. last [781]*781visited with the children on December 10, 2012.

During their time with DCFS, B.W. sent birthday cards and $10 to the children in the fall of the previous year. On Easter of the previous year, she bought them gifts. Since the last court hearing, B.W. had sent them each a $25 gift card and sent them a card and a letter. These items were not considered a significant contribution of support on behalf of the children according to Fitch. Fitch stated that B.W. demonstrated her refusal to work a case plan.

In Fitch’s opinion, the best interests of the children required that they be free for adoption. She observed them in the foster home in which P.W. had lived for approximately 32 months, and B.J. for 23 months. Fitch testified that they are very closely bonded to the family and were thriving in that environment.

| sFitch testified that she did not have contact with B.W. from December 2012, until she was incarcerated in 2013. She knew that from July 3, 2012, until December 6, 2012, B.W. was incarcerated in a parish jail. She was also incarcerated from February 2013 until the hearing. When shown a verification of B.W.’s incarceration, Fitch agreed that B.W. was in jail for 20 of the last 24 months. B.W. never advised Fitch of her incarcerations. When Fitch learned of an incarceration, she visited B.W. in jail, once every three months. She stated that despite incarceration, a parent can obtain services, but she did not know if B.W.’s jail provided services. Fitch stated that it was B.W.’s responsibility to obtain the services while she was incarcerated, because she had a copy of the case plan.

Fitch admitted that B.W. informed her she wanted to attend a drug abuse treatment program. She did not make the referral, however, because B.W. was in jail. Fitch advised B.W. to speak to her attorney or probation officer to make the referral. Fitch testified that she referred B.W. to a drug rehabilitation program in 2011, but that she voluntarily left the program after 7 days.

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Cite This Page — Counsel Stack

Bluebook (online)
135 So. 3d 777, 2014 WL 260540, 2014 La. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bj-lactapp-2014.