State ex rel. CA

615 So. 2d 900, 1993 La. App. LEXIS 1023, 1993 WL 64375
CourtLouisiana Court of Appeal
DecidedMarch 5, 1993
DocketNo. 92 CA 1865
StatusPublished

This text of 615 So. 2d 900 (State ex rel. CA) 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. CA, 615 So. 2d 900, 1993 La. App. LEXIS 1023, 1993 WL 64375 (La. Ct. App. 1993).

Opinion

CARTER, Judge.

This is an appeal from a trial court judgment terminating a mother’s parental rights.

FACTS

On July 2, 1983, CA, a female child, was born to Ms. A. Ms. A’s husband was not the father of the child, but another man, now deceased, was the child’s father.2

On May 9, 1989, pursuant to an instanter order, CA was taken into the custody of the Office of Community Services (OCS). The affidavit in support of the instanter order indicated that, during 1988, OCS in St. Tammany Parish received various reports of neglect and sexual abuse of CA and that Ms. A may be schizophrenic and may be incapable of parenting and/or protecting the minor child. The affidavit further indicated the following:

Based upon the investigation and psychiatric evaluations, ... [Ms. A] has placed her daughter in danger of repeated sexual abuse, deplorable living conditions and an inability to provide a stable, safe and sanitary environment for ... [CA]. The danger of the child is increased by the worker’s and Dr. Ramos’s observations that because of [Ms. A’s] mental state, she has no insight as to how her lifestyle places ... [CA] at risk, fails to accept any responsibility for her problems and appears to lack motivation to improve or change her situation. If ... [CA] should be returned to her mother she will continue to be neglected and in this manner be placed at risk of further sexual abuse.

On June 21, 1989, CA was adjudicated a child in need of care. Following a disposi-tional review hearing on April 27, 1990, the court determined that reasonable efforts had been made to reunite the family and that reunification was not possible at the time. The court then ordered that CA be maintained in the custody of OCS and approved the plan to proceed with terminating the parental rights.

On August 16, 1990, a petition for termination of parental rights was filed pursuant to LSA-R.S. 13:1601B and D. On August 7, 1991, following a dispositional review hearing, the court determined that reasonable efforts had been made to reunite the family and that reunification was not possible at that time. The court further determined that CA should be maintained in the custody of OCS with a permanent plan for adoption.

On January 24, 1992, following another dispositional review hearing, the court again determined that reasonable efforts had been made to reunite the family and that reunification was not possible at that time. The court further determined that CA should be maintained in the custody of OCS with a case goal of adoption pending the termination of parental rights.

Thereafter, on March 5, 1992, a hearing on the termination of parental rights was held. On April 10, 1992, the trial court rendered judgment totally and irrevocably terminating and dissolving the parental [902]*902rights of Ms. A relative to the minor child, CA.

From the judgment terminating her parental rights, Ms. A appeals, assigning as error the trial court’s termination of her parental rights absent clear and convincing evidence that she would not be able to return to fitness as a parent.

LAW

LSA-R.S. 13:16013 provides several subsections containing requirements for the termination of parental rights. The evidence need only satisfy the requirements set forth under any given subsection. State in the Interest of JH and SEH v. RFH and TH, 572 So.2d 629, 631 (La.App. 3rd Cir.1990), writ denied, 575 So.2d 374 (La.1991); State in the Interest of CAM and AAM, 565 So.2d 523, 526 (La.App. 3rd Cir.1990); State in the Interest of Townzen, 527 So.2d 579, 580 (La.App. 3rd Cir.1988), writ denied, 535 So.2d 739 (La.1989).

LSA-R.S. 13:16034 provides that the elements of Subsections B and D must be proven by clear and convincing evidence. Additionally, it must be proven “that the best interest of the child dictates termination of parental rights.” LSA-R.S. 13:1602D; State in the Interest of JH and SEH v. RFH and TH, 572 So.2d at 631; State in the Interest of CAM and AAM, 565 So.2d at 526; State in the Interest of a Minor Male Child, 529 So.2d 34, 36 (La.App. 1st Cir.1988).

The Department proceeded to terminate Ms. A’s parental rights pursuant to LSA-R.S. 13:1601B5 and D,6 which provide as follows:

The court on its own motion may order that the district attorney petition, or the district attorney in his discretion may petition, for the termination of parental rights of the parent or parents of an abused, neglected, or other child within a juvenile court’s jurisdiction, when the grounds set forth in the petition meet all the conditions of Subsection A, B, C, D, E, or F of this Section. The district attorney may appoint any attorney representing the Department of Health and Human Resources as a special assistant district attorney for the purpose of prosecuting any such case, regardless of the domicile of said special assistant.
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B. (1) One year has passed since the rendition of an abuse or neglect judgment or child in need of care judgment, as defined in R.S. 13:1600(7), pursuant to the Code of Juvenile Procedure, and in the opinion of the court the parent is unfit to rear the child.
(2)The parent or parents have shown no significant substantial indication of reformation and are unlikely to reform.
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D. (1) The child has been in the custody of a child welfare department or other person, pursuant to a judicial order, for a period of at least one year.
(2) The child was removed from the custody of the parents by judicial order due to the parent’s abuse or neglect of the child.
(3) The parent is unfit to retain parental control and there is no reasonable expectation of reformation on the part of the parent or parents.
(4) The child is an abused or neglected child, the Department of Health and Human Resources has made every reasonable effort under the circumstances to reunite the child with his parents, and the department recommends that it would not be in the best interest of the child to be reunited with his parents.

[903]*903PROCEDURAL REQUIREMENTS

LSA-R.S. 13:1601B(1) and 1601D(1) and (2)

The record contains the judgment of the trial court rendered on June 21, 1989, pursuant to the Code of Juvenile Procedure, finding that the minor child, CA, was in need of care, abused, or neglected and that the child was adjudicated in need of care. Legal custody of CA was assigned to the Department of Health and Human Resources, Office of Community Services. The petition for termination of parental rights was filed on August 16, 1990. Consequently, more than one year had passed between the rendition of the in-need-of-care judgment and the filing of the petition for termination of parental rights.

PARENTAL FITNESS

LSA-R.S. 13:1601B(1) and 1601D(3)

In order to terminate parental rights under LSA-R.S. 13:1601B(1) and/or LSA-R.S. 13:1601D(3), the court must be of the opinion that “the parent is unfit to rear the child.” Unfitness is defined in LSA-R.S. 13:1600(7)7

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Related

State in Interest of JH v. RFH
572 So. 2d 629 (Louisiana Court of Appeal, 1990)
State, in Interest of a Minor Male Child
529 So. 2d 34 (Louisiana Court of Appeal, 1988)
State, in Interest of Townzen
527 So. 2d 579 (Louisiana Court of Appeal, 1988)
State in Interest of TK
568 So. 2d 636 (Louisiana Court of Appeal, 1990)
State in Interest of HLD v. CDM
563 So. 2d 360 (Louisiana Court of Appeal, 1990)
State in Interest of CV v. TV
499 So. 2d 159 (Louisiana Court of Appeal, 1986)
State ex rel. CAM
565 So. 2d 523 (Louisiana Court of Appeal, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
615 So. 2d 900, 1993 La. App. LEXIS 1023, 1993 WL 64375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ca-lactapp-1993.