State ex rel. C.M.C.

101 So. 3d 585, 12 La.App. 3 Cir. 600, 2012 La. App. LEXIS 1408, 2012 WL 5417373
CourtLouisiana Court of Appeal
DecidedNovember 7, 2012
DocketNo. 12-600
StatusPublished

This text of 101 So. 3d 585 (State ex rel. C.M.C.) 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.M.C., 101 So. 3d 585, 12 La.App. 3 Cir. 600, 2012 La. App. LEXIS 1408, 2012 WL 5417373 (La. Ct. App. 2012).

Opinion

GREMILLION, Judge.

IjThe mother, M.J.C., appeals the judgment of the trial court terminating her parental rights to her children, C.M.C. and J.T.D.1 For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The State filed a petition to adjudicate C.M.C., born September 25, 2007, and [587]*587J.T.D., born January 27, 2010, as children in need of care on December 1, 2010. The supplemental affidavit of Shamira Lyons, a child protection investigator with the Louisiana Department of Children and Family Services,2 attested that on October 18, 2010, C.M.C. was found wandering in the road in front of M.J.C.’s apartment complex. On November 8, 2010, the agency received a report that M.J.C. was using crack cocaine, had no electricity, food, or diapers, and was leaving the children unattended while she went out to use crack cocaine. On November 9, 2010, Lyons attempted to visit M.J.C. but was unsuccessful. On November 10, 2010, Lyons received information that M.J.C. appeared to be under the influence of drugs while she pushed J.T.D. in a stroller. Lyons was also informed that M.J.C. had been off her epilepsy medication for at least three weeks.

Lyons next spoke to the manager of the apartment complex where M.J.C. resided, who told Lyons that M.J.C. regularly left J.T.D. alone in the apartment. On November 10, 2010, Lyons interviewed M.J.C. and reported that she did have electricity, but only three wieners in the freezer and a couple of cans of beans in the cabinet while she awaited her food stamps. M.J.C. admitted to being out of her prescribed medication and to smoking crack cocaine the night before. Lyons | .¿interviewed another neighbor who confirmed that M.J.C. left the children alone and that they often appeared hungry.

On November 11, 2010, the apartment manager reported that M.J.C. had threatened to kill herself and was then transported to a hospital. Lyons further attested that M.J.C. had an extensive history of mental health issues, substance abuse issues, domestic violence issues, and parental fitness issues. She has several other children that were either removed from her care or custody was given to their fathers.

On November 15, 2010, another DCFS worker, Colleen Cox, attempted to pick up M.J.C. for a visit with her children, who were now in foster care. However, the apartment manager told Cox that M.J.C. called to inform him that she was in a drug treatment facility. Lyons later found out that M.J.C. had entered a detoxification program at a facility in Kaplan and that she would, thereafter, be entering a ninety-day treatment facility in Abbeville. On November 18, 2010, Cox was informed that M.J.C. had left the detoxification program against recommendation. On November 22, 2010, M.J.C. contacted DCFS to inquire about her children. DCFS was, thereafter, notified of MJ.C.’s mental health diagnosis. M.J.C. suffers from bipolar disorder, depressive disorder, obsessive compulsive disorder, bulimia, ADHD, depressive personality disorder, and epilepsy.

The record indicates that the children were removed from MJ.C.’s care pursuant to an Instanter Order issued on November 10, 2010, and filed on November 12, 2010. An extensive case plan was formulated for M.J.C.

On January 6, 2011, and July 28, 2011, hearings were held and custody was maintained with DCFS. Updated ease plans were formulated. A November 2, |s2011 report to the trial court by DCFS recommended that the children remain in its care.

A permanency hearing was held on December 8, 2011, at which the trial court [588]*588suspended M.J.C.’s visits with her children. On December 27, 2011, DCFS filed a “Petition for Certification for Adoption and Termination of Parental Rights.” Case review hearings were held on February 3, 2012, and February 23, 2012, and the trial court maintained the suspension of visitation. Following a March 15, 2012 hearing, M.J.C.’s parental rights were terminated in a judgment filed on March 21, 2012.3 The children’s custody was maintained with DCFS and both were freed for adoption. M.J.C. now appeals.

ISSUES

M.J.C. assigns as error:

1. Whether or not the trial court erred by finding the State proved by clear and convincing evidence that [she] did not substantially comply with her case plan.
2. Whether or not the trial court erred by finding there is no reasonable expectation of significant improvement in [her] conduct in the near future.
3. Whether or not the trial court erred in finding that it is in the best interest of C.M.C. and J.T.D. that [her] parental rights are terminated.

LAW AND DISCUSSION

We have stated that “[p]arental rights to the care, custody, and management of children is a fundamental liberty interest warranting great deference and vigilant protection under the law.” In re J.K., 97-336, p. 4 (La.App. 3 Cir. 10/29/97), 702 So.2d 1154, 1156; see also Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). Accordingly, a parent has a strong interest in the accuracy of a decision to terminate her rights. Lassiter v. Dep’t of Soc. Servs. of Durham County, NC, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). Thus, the Louisiana legislature has imposed strict standards that require the State to prove, by clear and convincing evidence, the grounds for termination under La.Ch.Code art. 1015 before a judgment can be issued terminating parental rights. In re J.K., 702 So.2d 1154.

This analysis requires a balancing of the child’s interests and the parent’s interests; however, it has been repeatedly held that the interests of the child are paramount over that of the parent. In re J.A., 99-2905 (La.1/12/00), 752 So.2d 806. In that case, the supreme court stated:

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. Nonetheless, courts must proceed with care and caution as the permanent termination of the legal relationship existing between natural parents and the child is one of [589]*589the most drastic actions the State can take against its citizens.

Id. at 811 (citation omitted).

“[T]he trial court’s determination regarding the termination of parental rights will not be reversed by the appellate court unless it is manifestly erroneous or clearly wrong.” In re V.F.R., 01-1041, p. 3-4 (La.App. 3 Cir. 2/13/02), 815 So.2d 1035, 1037, writ denied,

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Bluebook (online)
101 So. 3d 585, 12 La.App. 3 Cir. 600, 2012 La. App. LEXIS 1408, 2012 WL 5417373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cmc-lactapp-2012.