State ex rel. C.J.B. v. B.C.B.

843 So. 2d 1234, 2003 La.App. 3 Cir. 0037, 2003 La. App. LEXIS 1238, 2003 WL 1984350
CourtLouisiana Court of Appeal
DecidedApril 30, 2003
DocketNo. 03-0037
StatusPublished

This text of 843 So. 2d 1234 (State ex rel. C.J.B. v. B.C.B.) 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.J.B. v. B.C.B., 843 So. 2d 1234, 2003 La.App. 3 Cir. 0037, 2003 La. App. LEXIS 1238, 2003 WL 1984350 (La. Ct. App. 2003).

Opinion

hDECUIR, Judge.

B.C.B. and R.L.B. are the parents of C.J.B., a three-year-old girl who has been living in a foster home, and in the custody of the State of Louisiana, for more than two years. In 2002, the State filed a petition to terminate the parental rights of B.C.B. and R.L.B. so the child could be freed for adoption. After a hearing, the trial judge concluded that termination serves the child’s best interest, and the State’s petition was granted. Both parents have appealed; for the following reasons, we affirm.

B.C.B. and R.L.B. are married and have three children: C.J.B., a five-year-old daughter, and B.C.B.’s daughter from a previous relationship. B.C.B. is a drug addict; she has been imprisoned in the past and has enrolled in at least five treatment programs. The record shows that she stayed off drugs for approximately 13 months while C.J.B. was in foster care, and she cooperated with the case plan devised to reunify her family. However, less than two months after C.J.B. was returned to the family home on a trial basis, B.C.B. picked her up from daycare and took her to an undisclosed location where she stayed for three days smoking crack cocaine. B.C.B. did not inform her husband of her whereabouts, and he testified that he drove around looking for her, [1235]*1235to no avail. When B.C.B. did return home, the State took all three children away. After B.C.B. failed a number of drug screens in the months following these events, the State revised its case plan, changing the goal from reunification to termination of parental rights. At the time of the termination hearing, B.C.B. was in a treatment program and was doing quite well.

The record shows that R.L.B. is an active and involved father who takes care of the children during the periods of his wife’s drug-related problems. He has had a steady job for more than twenty years, and he shows genuine love and concern for his wife and children. However, the State presented evidence of R.L.B.’s co-dependency, which leads him to cover for his wife’s transgressions, protect her from lathe consequences of her actions, and leaves him unable to realize what is best for his family. There was evidence that R.L.B. relies on his eight-year-old stepdaughter to help care for the younger girls, and he sometimes leaves her alone at home when she comes in from school. In particular, the child was left alone when R.L.B. drove around the city looking for his wife and younger children. Finally, R.L.B. admitted to testing positive for marijuana on one occasion during the pen-dency of this termination proceeding.

Termination proceedings are governed by Title X of the Louisiana Children’s Code and must always involve an examination of the child’s best interest. The supreme court explained the nature of these proceedings in State in the Interest of GJL and MML, 00-3278, p. 6-7 (La.6/29/01), 791 So.2d 80, 85-86:

This court recently discussed the special concerns involved in cases of involuntary termination of parental rights in State in the Interest of C.J.K and K.K., 00-2375, 00-2504 (La.11/28/00), 774 So.2d 107, and State in the Interest of J.A., 99-2905 (La.1/12/00), 752 So.2d 806, where we also explained that, in termination proceedings, courts must carefully balance the two private interests of the child and the parents. While the parents have a natural, fundamental liberty interest in the continuing companionship, care, custody and management of their children, Lassiter [v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981)], supra, 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 Servs. Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982). 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 C.J.K. and K.K., 774 So.2d at 113 (quoting State in the Interest of J.A., 752 So.2d at 811); State in the Interest of S.M., 98 0922, p. 15 (La.10/20/98), 719 So.2d 445, 452. As we stated in State in the Interest of J. A.:
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 [1236]*1236child 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.

752 So.2d at 811 (citations omitted).

This court has always recognized, however, that great care and caution must be exercised in these proceedings, because the permanent termination of the legal relationship existing between children and their biological parents is one of the most severe and drastic actions the State can take against its citizens. State in the Interest of J.A., 752 So.2d at 811. Parents have a natural, fundamental liberty interest in the continuing companionship, care, custody and management of their children, which warrants great deference and vigilant protection under the law. Id. Thus, we recognize that the potential loss to parents is grievous, “perhaps more so than the loss of personal freedom caused by incarceration.” Id. Because due process requires that a fundamentally fair procedure be followed when the State seeks to terminate the parent-child legal relationship, actions to terminate must be scrutinized very carefully. Id.

Title X of the Louisiana Children’s Code governs the involuntary termination of parental rights. Article 1015 provides the specific statutory grounds by which a court may involuntarily terminate the rights and privileges of parents. In order to terminate rights, the court must find that the State has established at least one of those statutory grounds by clear and convincing evidence. State in the Interest of J.A., 752 So.2d at 811 (citing La. Child. Code art. 1035(A); Santosky v. Kramer[, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982)], supra). Further, even upon finding that the State has met its evi-dentiary burden, a court still should not terminate parental rights unless it determines that to do so is in the child’s best interest. La. Child. Code art. 1039; State in the Interest of C.J.K. and K.K., 774 So.2d at 113; State in Interest of ML & PL, 95-0045, p. 4 (La.9/5/95), 660 So.2d 830, 832.

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Related

Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
State, in Interest of Sm
719 So. 2d 445 (Supreme Court of Louisiana, 1998)
State in Interest of ML
660 So. 2d 830 (Supreme Court of Louisiana, 1995)
State ex rel. J.A.
752 So. 2d 806 (Supreme Court of Louisiana, 2000)
State ex rel. C.J.K.
774 So. 2d 107 (Supreme Court of Louisiana, 2000)

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Bluebook (online)
843 So. 2d 1234, 2003 La.App. 3 Cir. 0037, 2003 La. App. LEXIS 1238, 2003 WL 1984350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cjb-v-bcb-lactapp-2003.