State ex rel. C.L.B.

972 So. 2d 431
CourtLouisiana Court of Appeal
DecidedDecember 19, 2007
DocketNo. 2007-1021
StatusPublished
Cited by1 cases

This text of 972 So. 2d 431 (State ex rel. C.L.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.L.B., 972 So. 2d 431 (La. Ct. App. 2007).

Opinion

GENOVESE, Judge.

_[1A.A.K.,1 the mother of the minor child, C.L.B., appeals a judgment of the trial court terminating her parental rights and certifying the minor eligible for adoption. B.J.B., the biological father of C.L.B., whose parental rights were also terminated, has not appealed the judgment, and his parental rights are not at issue. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The minor child, C.L.B., was born on January 5, 2005. C.L.B. was placed into the custody of the State of Louisiana, Department of Social Services (DSS), on November 6, 2005, when she was only ten months old. DSS was contacted by the Carenero Police Department, and C.L.B. was taken into state custody after A.A.K. and B.J.B. were arrested for domestic battery in which C.L.B. was allegedly being used as a “human shield” by her parents.

Ms. Heather Walton (Ms. Walton), a child protection investigator for DSS, responded to the police department’s call regarding C.L.B. According to Ms. Walton’s testimony at the termination hearing, when she reached the home of A.A.K. and B.J.B., she found C.L.B. asleep with a “very soiled” diaper. In addition, “[t]he house smelled of urine. There [were] cat [432]*432feces on the floor. The police officers that were there didn’t want to go open the door to the bathroom for [her] to look around at the condition because they didn’t want to have to smell the bathroom again.” Ms. Walton was advised by A.A.K. that there was marijuana in the home and that there were no relatives in the state of Louisiana that would be able to care for C.L.B. As a result of Ms. Walton’s investigation, C.L.B. was removed from the home of A.A.K. |2and B.J.B. pursuant to an oral instanter order issued on November 6, 2005 after allegations of “[l]ack of supervision, dependency, threatened harm, and inadequate shelter” were validated. A written instanter order placing C.L.B. into the custody of DSS was signed by the trial court on November 7, 2005. On November 8, 2005, DSS filed an Order of Continued Custody, seeking a hearing to determine whether C.L.B. should be adjudicated a child in need of care pursuant to statute. See La.Ch.Code art. 606.2 On December 6, 2005, the trial court found that there was sufficient evidence to adjudicate C.L.B. as a child in need of care. C.L.B. has remained in the custody of DSS continuously since November 6, 2005.3

On March 20, 2007, DSS filed a Petition for Termination of Parental Rights |3and Certification of Adoption. The petition alleged:

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The parental rights of [A.A.K.] and [B.J.B.] should be terminated pursuant to the provisions of Louisiana Children’s Code Article 1015(4),[4] inasmuch as said [433]*433parents have abandoned their minor child by placing her in the physical custody of a nonparent or the Department or by otherwise leaving her under circumstances demonstrating an intention to permanently avoid parental responsibility, by reason of the following:
a.As of the filing of this petition, said parents have failed to provide significant contributions to their child’s care and support for a period of six consecutive months.
7.
Pursuant to provisions of Louisiana Children’s Code Article 1015(5),[5] the parental rights of the parents, [A.A.K.] and [B.J.B.], should be terminated in as much as greater than one year has elapsed since the child was removed from the parents’ custody pursuant to a court order, there has been no substantial parental compliance with the |4case plan for services, which plan has been previously filed by the Department and approved by the Court as necessary for the safe return of the child; and, despite earlier intervention, there is no reasonable expectation of significant improvement in the parents’ condition or conduct in the near future, considering the child’s age and need for a safe, stable, and permanent home, for the following non-exclusive reasons, to-wit:
a. The parents failed to cooperate in the case plan established for reunification of the family;
b. The parents have failed to regularly exercise court approved visitations with their minor child;
c. The parents have failed to contribute to the cost of the child’s foster care as ordered by the court when approving the case plan;
d. The parents have repeatedly failed to comply with the required program of treatment and rehabilitation services provided in the case plan;
e. The parents have shown a lack of substantial improvement in redressing the problems which have prevented reunification;
f. The conditions that led to removal, or similar potentially harmful conditions, continue to persist;
g. The parents suffer from mental illness and/or mental deficiency, which renders them unable and/or incapable of exercising parental responsibilities without exposing the minor child to a substantial risk of serious harm, based upon expert opinion and/or based upon an established pattern of behavior; and,
h. The parents’ conduct reasonably indicates that they [are] unable or unwilling to provide an adequate permanent home for their minor child, based upon an established pattern of behavior.

A hearing on DSS’s petition to terminate the parental rights of A.A.K. and B.J.B. [434]*434was held on April 24-25, 2007. At the conclusion of the hearing, the trial court took the matter under advisement. On May 1, 2007, the trial court rendered its judgment terminating the parental rights of A.A.K. and B.J.B. and declared C.L.B. | sfree for adoption. Only the mother, A.A.K., appeals.

ASSIGNMENTS OF ERROR

A.A.K. asserts three assignments of error:

1. The trial court erred in terminating the rights of [A.A.K.] for substantial non-compliance when she had completed several components of the case plan and was recently involved in psychological counseling.
2. The trial court erred in terminating the rights of [A.A.K.] where there was a reasonable expectation for improvement in [A.A.K.]’s condition.
3. The trial court erred in finding that termination was in the best interest of the child when considering the overall circumstances and notwithstanding [A.A.K.]’s slow progress due to economics.

LAW AND DISCUSSION

Our supreme court has recognized that the gravity of terminating parental rights requires our courts to impose a stricter standard of proof than the preponderance of the evidence standard; rather, the State must prove by clear and convincing evidence at least one of the statutory grounds contained in La.Ch.Code art. 1015 in order to terminate a parent’s rights. See State ex rel. J.M., 02-2089 (La.1/28/03), 837 So.2d 1247; La.Ch.Code art. 1035(A).6 “Further, even upon finding that the State has met its evidentiary burden, a court still should not terminate parental rights unless it determines that to do so is in the child’s best interests.” State ex. rel. J.M., 837 So.2d at 1253; see also La.Ch.Code art. 1037(B).7

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Related

In Re State Ex Rel. Clb
972 So. 2d 431 (Louisiana Court of Appeal, 2007)

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972 So. 2d 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-clb-lactapp-2007.