State ex rel. C.E.

176 So. 3d 755, 15 La.App. 3 Cir. 555, 2015 La. App. LEXIS 1969
CourtLouisiana Court of Appeal
DecidedOctober 7, 2015
DocketNos. 15-555, 15-556
StatusPublished
Cited by1 cases

This text of 176 So. 3d 755 (State ex rel. C.E.) 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. C.E., 176 So. 3d 755, 15 La.App. 3 Cir. 555, 2015 La. App. LEXIS 1969 (La. Ct. App. 2015).

Opinion

THIBODEAUX, Chief Judge.

hS.E. appeals the trial court’s grant of the State’s petition to terminate her parental rights as to her three children. The trial court granted the petition on the basis of her failure to substantially complete her case plan and her continuing failure to financially support her children. On appeal, S.E. contends that the trial court erred in denying motions to withdraw made by her attorney because a conflict of interest existed in the joint representation of her and her husband1 which prevented effective representation. .She further disputes the contention that she did not complete her case plan. Because we find no abuse of discretion in the trial court’s denial of the motions to withdraw and no manifest error in the trial court’s termination of parental rights, we affirm.

I.

ISSUES

We must determine:

(1) whether the trial court abused its discretion in denying two motions to withdraw made by S.E.’s attorney; and
(2) whether the trial court manifestly erred in terminating S.E.’s parental rights.

II.

FACTS AND PROCEDURAL HISTORY

V.E. and S.E. are the parents of C.E., K.E., and C.E., three minor children. In April 2013, V.E. was jailed for domestic violence and child endangerment following a dispute with S.E. - A report of neglect was filed with' the LState concerning C.E., K.E., and C.E. Subsequently Bettye Foster, an employee , of the State, conducted an investigation. During her investigation, Ms. Foster visited the family’s residence and found all three children had soiled diapers and two children had unexplained bruises. Further, the youngest child had a severe diaper rash and congestion. ' Ms. Foster observed that, .the home was cluttered with clothes, food, overflowing trash, and soiled diapers. She also observed the two older children picking food up from the floor and eating it.

Ms. Foster spoke with S.E. S.E: stated that she - had been diagnosed as mildly retarded and dyslexic. S.E. also told Ms; Foster that a babysitter “tore up” her house arid that she did not know the last names or phone numbers of her babysitters. S.E. stated that she worked nights and slept during the day. During the day, S.E. would place the youngest child in her bed and lock the older two children in a room. Ms. Foster also spoke with V.E., who stated that he did the cleaning and caring for the children.

Ms. Foster learned that V.E. and S.E. had been referred to family services in July 2012 after S.E. separated from V.E. and left the minor children with V.E. despite his history of drug use. S.E. reunited with her family, and before family services could begin, the family moved to Texas. V.E. and S.E. also had,a history with the Texas Department of Children’s Protective Services (“TCPS”). In December 2012, TCPS had opened an investigation into the family after the department received information that S.E'. had allegedly assaulted V.E. Before TCPS could begin family services, however, the family left Texas and returned to Louisiana. [758]*758TOPS had also removed three other children from S.E. due to neglect.

In light of Ms. Foster’s investigation, an Instanter Order was issued on May 7, 2013 and C.E., K.E., and C.E. were placed in state custody. The following |3month, the trial court adjudicated the three’children as children in need of care. The State developed a case plan which entailed several joint and independent action steps that needed to be completed by V.E. and S.E. ■

' On August 6, 2014, the State filed a petition to terminate the parental rights of V.E. and S.E. and to certify C.E., K.E., and C.E. for adoption. The State based its petition on the individual failures of V.E. and S.E. to complete various aspects of their case plan. At trial, the attorney for V.E. and S.E. made an oral motion to withdraw. The attorney stated that he. was conflicted in his representation .of both V.E. and S.E. in light of their separation, ongoing marital problems, and the shifting of blame between the parents. The trial court denied the motion.

At the close of trial, the trial court terminated parental rights as to each parent. As to V.E., the trial court noted his failure to appear at the hearing. The court further found that V.E. had not complied with the requisites of his case plan and had failed to show that he could provide stable housing, support, and permanency to the children. As to S.E., the trial court found that while she had made an effort, she had been given ample time and had failed to substantially complete the necessary components of the case plan. The court further found that the termination of parental rights was in the best interest of the children due to the children’s roughly eighteen-month period in State custody, their need for permanency, and the failure of either parent to make a showing that they would be able to provide basic food, clothing, and shelter for the children. S.E. appealed.

JiíIL

STANDARD OF REVIEW

An appellate court will not disturb a trial court's ruling on the withdrawal of counsel after trial has commenced absent a clear abuse of discretion. State v. Seiss, 428 So.2d 444 (La.1983). Additionally, an appellate court will review a trial court’s findings on whether or not parental rights should be terminated under the manifest error standard of review. State in Interest of J.K.G., 11-908 (La.App. 3 Cir. 1/11/12), 118 So.3d 10. Pursuant to this standard, an appellate court may not reverse a trial court’s factual finding unless the record demonstrates both that a reasonable factual basis does not exist for the finding and that the finding is clearly wrong. Id.

IV.

LAW AND DISCUSSION

Denial of the Motions to Withdraw

S.E. contends that the trial court erred in denying her attorney’s motions to withdraw because the attorney had a conflict of interest in the joint representation of her and her husband which violated her right to a fair trial. The State contends that there was no significant conflict of interest where the attorney has chosen to continue representing - S.E. on appeal.2 [759]*759For reasons other than those | ¿cited by either party, we find the trial court did not abuse its discretion in denying the motions to withdraw.

Pursuant to La.Ch.Code art. 608, “[t]he parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages of the proceedings thereafter.” Further, when the State seeks to terminate the parental rights of a party, “due process requires that a fundamentally fair procedure be followed.” State ex rel. C.J.K., 00-2375, p. 7 (La.11/28/00), 774 So.2d 107, 113. “[T]his fundamentally fair procedure must be free from conflicted interests.” State in Interest of K.C.C., 15-84, p. 11 (La.App. 5 Cir. 5/28/15) 171 So.3d 390.

Here, we find no abuse of discretion in the trial court’s denial of the motion to withdraw on the basis of a conflict of interest where each parent’s interest in maintaining their individual parental rights was independent of the other. In its petition, the State outlined individual grounds for termination of parental rights as to each parent, and the trial court granted the petition based on each parent’s individual actions.

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Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 755, 15 La.App. 3 Cir. 555, 2015 La. App. LEXIS 1969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ce-lactapp-2015.