State ex rel. B.O.G.

5 So. 3d 1018, 8 La.App. 3 Cir. 1103, 2009 La. App. LEXIS 337, 2009 WL 530088
CourtLouisiana Court of Appeal
DecidedMarch 4, 2009
DocketNo. 2008-1103
StatusPublished
Cited by7 cases

This text of 5 So. 3d 1018 (State ex rel. B.O.G.) 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.O.G., 5 So. 3d 1018, 8 La.App. 3 Cir. 1103, 2009 La. App. LEXIS 337, 2009 WL 530088 (La. Ct. App. 2009).

Opinion

GENOVESE, Judge.

11K.J.G.,1 the biological father of the minor children B.O.G. and D.D.G., and J.R., [1020]*1020the biological father of the minor child, K.M.G., appeal a judgment of the trial court terminating their respective parental rights and certifying their minor children eligible for adoption. For the following reasons, we affirm the termination of the parental rights of J.R., reverse the termination of the parental rights of K.J.G., and remand the matter relative to the minor children, B.O.G. and D.D.G., for the reinst-itution of juvenile proceedings.

FACTS

The minor children, B.O.G. (date of birth 1/31/99), D.D.G. (date of birth 8/29/00), and K.M.G. (date of birth 7/15/06), along with another sibling, B.T.G., were placed in the care of the State of Louisiana, through its Department of Social Services (DSS), Office of Community Services (OCS or State), pursuant to an instanter order issued August 21, 2006, based upon allegations of lack of supervision by them mother, C.G., with whom they resided. Upon arrival at the home, law enforcement officials found that the children had been left alone for an extended period of time; consequently, C.G. was arrested for child abandonment.

B.O.G., D.D.G., and K.M.G., were placed in the home of them maternal aunt and uncle. The children were adjudicated as children in need of care pursuant to La.Ch. Code art. 6662 on September 26, 2006. The minor children have remained in the custody of their maternal aunt and uncle since being placed in their home in August of 2006.

|2The initial case plan was established in September of 2006 with a goal toward reunification of the children with their parents. The goal of subsequent case plans remained reunification from September of 2006 through August of 2007. The trial court conducted review hearings, approved each of the case plans, and maintained the custody of the children with the State. In August of 2007, however, the State’s goal changed from reunification of the children with their parents to that of adoption, which was approved by the trial court.

In February of 2008, the State recommended that the case plan goal be changed back to reunification, but the review hearing was continued by the trial court due to a lack of service on C.G., and the recommended goal of adoption never did revert back to reunification. The trial court approved the subsequent case plan in May of 2008 with a goal of adoption and maintained the custody of the children with the State.

In the interim, on March 19, 2008, the State filed a Petition for Termination of Parental Rights and Certification for Adoption. A termination hearing was held on June 24, 2008, wherein the trial court terminated the parental rights of K.J.G. and J.R.3 pursuant to La.Ch.Code art. 1015(4) and (5).4 A judgment terminating [1021]*1021the parental | ¡(rights of K.J.G. and J.R. was signed by the trial court on July 1, 2008. It is from this judgment that K.J.G. and J.R. appeal.

ASSIGNMENTS OF ERROR

K.J.G. asserts the following assignments of error:

1. The trial court erred in terminating the rights of [K.J.G.,] the non-offending parent, for substantial noncompliance when he had completed several components of the case plan and was recently involved in mental health counseling.

2. The trial court erred in terminating the rights of [K.J.G.] where there had been improvement and a reasonable expectation for further improvement in the parent’s condition.

3. The trial court erred in finding that termination was in the best interest of the children when considering the relation with the father.

4. [OCS] failed to prove abandonment on the part of the father, [K.J.G.],

J.R. asserts only one assignment of error:

The trial [cjourt erred in terminating the parental rights of the Appellant, [J.R.].

LAW AND DISCUSSION

Our Louisiana Supreme Court has stated the following relative to the | .¡termination of parental rights:

An appellate court reviews a trial court’s findings as to whether parental rights should be terminated according to the manifest error standard. State ex rel J.W., 01-500 (La.App. 4 Cir. 11/14/01), 801 So.2d 1182. In two recent cases, we discussed the concerns regarding the involuntary termination of parental rights by the state, 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, and due process requires that a fundamentally fair procedure be followed when the state seeks to terminate the parent-child legal relationship. 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 continu[1022]*1022ous relationships found in a home with proper parental care. 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.
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. 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.
Title X of the Children’s Code governs the involuntary termination of parental rights. La. Child. Code art. 1015 provides the statutory grounds by which a court |smay involuntarily terminate the rights and privileges of parents. The State need establish only one ground, La. Child. Code art. 1015, but the judge must also find that the termination is in the best interest of the child. La. Child. Code. art. 1039. Additionally, the State must prove the elements of one of the enumerated grounds by clear and convincing evidence to sever the parental bond. La. Child. Code art. 1035(A). (Cites omitted.)
State in the Interest of J.A., 99-2905 (La.1/12/00), 752 So.2d 806, 810-811; see also State ex rel. C.J.K., 00-2375 (La.11/28/00), 774 So.2d 107.

State ex rel. K.G., 02-2886, pp. 4-5 (La.3/18/03), 841 So.2d 759, 762-63.

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Bluebook (online)
5 So. 3d 1018, 8 La.App. 3 Cir. 1103, 2009 La. App. LEXIS 337, 2009 WL 530088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bog-lactapp-2009.