State Ex Rel. Ct

997 So. 2d 891
CourtLouisiana Court of Appeal
DecidedNovember 19, 2008
Docket43,707-JAC
StatusPublished

This text of 997 So. 2d 891 (State Ex Rel. Ct) 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. Ct, 997 So. 2d 891 (La. Ct. App. 2008).

Opinion

997 So.2d 891 (2008)

STATE of Louisiana in the Interest of C.T., JR.

No. 43,707-JAC.

Court of Appeal of Louisiana, Second Circuit.

November 19, 2008.

*892 Julie M. Lafargue, Shreveport, Reginald W. Abrams, for Appellants, Caddo Parish School Board, Wanda Gunn, Diane Atkins and Margaret Brown.

Michael W. Powell, Lisa Ryder, Shreveport, for Appellee, State of Louisiana.

John W. Evans, Jr., Bossier City, H. Clay Walker, Clark G. Garret, Kristen B. Bernard, Shreveport, for Appellee, C.T., Jr.

D.T., Appellee, In Proper Person.

C.T., SR., Appellee, In Proper Person.

Before WILLIAMS, CARAWAY and MOORE, JJ.

WILLIAMS, J.

The Caddo Parish School Board and its employees, Wanda Gunn, Diane Atkins and Margaret Brown,[1] seek review of a dispositional judgment of the Caddo Parish Juvenile Court, ordering them to "determine an educational placement" for a minor child, C.T., Jr. For the reasons set forth herein, we reverse the trial court's ruling.

FACTS

C.T., Sr. and D.T. have filed numerous Families in Need of Services ("FINS") complaints with regard to their minor son, C.T., Jr. On December 5, 2006, C.T., Sr. filed a FINS complaint in Caddo Parish juvenile court, making the following allegations:

[C.T., Jr.] has [run] away from home ... 10 times or more. [E]very time he gets in trouble at school, he runs away. He fights all the time; disrespectful to mother, father, grandfather or anyone; refuses to abide by school policies....[[2]]

On December 12, 2006, D.T. filed a FINS complaint, asserting:

*893 [C.T., Jr.] thinks he is [as] grown as any adult; constantly suspended for behavior and disrespect for authority; runs away from home when he cannot have his way.

C.T., Jr. was temporarily taken into state custody and placed in the Johnny Gray Jones shelter for youth. A hearing was held on December 15, 2006, and the juvenile court found that probable cause existed for a FINS adjudication as ungovernable. On December 28, 2006, C.T., Jr. ran away from home and D.T. completed another FINS complaint, stating, "Child is ungovernable and runs away. He also receives poor grades in school." On January 5, 2007, a conference was held and C.T., Jr. and his parents entered into an "Informal Family Service Plan Agreement" in which C.T., Jr. agreed to: (1) obey all local, state and federal laws; (2) attend school regularly and refrain from being truant, suspended or expelled; (3) obey all reasonable and lawful demands of his parents; and (4) have all of his chores completed before his parents got home from work. However, on January 17, 2007, C.T., Jr. was expelled from J.S. Clark Middle School for habitually violating rules, profanity and fifth suspension. Pursuant to school board policy, he was placed at Oak Terrace Alternative School.

On February 1, 2007,[3] C.T., Sr. filed a parental request for petition with the Caddo Parish district attorney's office, asserting that C.T., Jr. was "ungovernable" and a "runaway."[4] On March 5, 2007, the state filed a petition in Caddo Parish juvenile court alleging that C.T., Jr. "is a runaway and is disrespectful to parents and school officials and he habitually disobeys the lawful demands of his parent(s) and is ungovernable and beyond their control, in violation of LSA-Ch.C. art. 730(2)...." The state requested that the family "be adjudicated a Family in Need of Services and that the Court render such judgments and orders as the Court may deem just, proper or necessary for the care and supervision and rehabilitation and welfare of said child and family for the safety and protection of the public." Following a conference held on March 12, 2007, C.T., Jr. was released to the custody of his parents.[5]

On June 20, 2007, the juvenile court found that C.T., Jr. was ungovernable, pursuant to LSA-Ch.C. art. 730(2), and committed him to the custody of the Office of Youth Development for a period of two years. The court suspended the commitment and placed C.T., Jr. on supervised probation for a period of two years with specified provisions. The child was placed in the custody of his parents.[6]

*894 On October 24, 2007, C.T., Jr. was expelled from the Oak Terrace Alternative School for the remainder of the 2007-2008 school year for misconduct including disruption, damaging school property, disobedience and threatening staff. On January 16, 2008, C.T., Jr. was again remanded to the Johnny Gray Jones Youth Shelter because of his conduct at home and because he continued to run away.

Thereafter, a juvenile court probation officer filed a motion for modification of disposition with regard to C.T., Jr. The pleading included a prayer for "a Judgment modifying the Judgment of Disposition, and recommendations for treatment and placement should be provided for [C.T., Jr.] by the Louisiana Department of Social Services ["DSS"] Office of Community Services, by the Louisiana Department of Health and Hospitals ["DHH"] Office of Mental Health ["OMH"], and by the Louisiana Office of Youth Development." At a hearing held on February 25, 2008, a mental health commitment was recommended and C.T., Jr. was remanded to the Bossier Detention Center. The hearing resumed on February 28, 2008, after which the court concluded that C.T., Jr. "has a serious mental illness that substantially affects his ability to function and has a substantial effect on the way he deals with situations." Disposition was modified and C.T., Jr. was placed in the custody of DHH/OMH with authority for inpatient treatment. The court further ordered, "child is not to be released from DHH custody without authorization by this Court; DHH may release to outpatient treatment when it deems appropriate." On March 24, 2008, the court authorized C.T., Jr.'s release from the hospital, but continued him in DHH custody.

Subsequently, a motion was filed to transfer custody of C.T., Jr. from DHH to his parents. A review conference was scheduled for April 15, 2008, and school board employees, Margaret Brown and Diane Atkins, were ordered to appear.[7] During the hearing, the juvenile court heard the testimony of Kevin Alderman, a juvenile court probation officer.[8] Alderman stated:

Your honor ... last time we were in court, you addressed the situation of school. And I do have Ms. Adkins [sic] and Ms. Brown present in the courtroom today. After further checking, there *895 were three expulsion appeal meetings scheduled by the school board.... The first two were cancelled by Mr. [C.T., Sr.], and I think the third was a no-show. So [C.T., Jr.] has been out of school now since October the 24th 2007. And the school board has indicated to me that that's what the meetings were for is to come up with a school option.

Alderman also stated that C.T., Jr. was spending his days under the supervision of the staff at Family Services Unlimited.

C.T., Sr. also testified at the hearing. He admitted that he had cancelled the expulsion hearings, stating that the hearings conflicted with the child's mental health appointments or hearings/court conferences. When at least one of the hearings was scheduled, C.T., Jr. had been remanded to the youth shelter. C.T., Sr. stated that he had made several unsuccessful attempts to reschedule an expulsion hearing, including making telephone calls and writing a letter to the school board.

At the conclusion of the testimony, the juvenile court stated:

Ms. Atkins and Ms.

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Bluebook (online)
997 So. 2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ct-lactapp-2008.