State ex rel. C.W.

980 So. 2d 805
CourtLouisiana Court of Appeal
DecidedApril 2, 2008
DocketNo. 07-1442
StatusPublished
Cited by3 cases

This text of 980 So. 2d 805 (State ex rel. C.W.) 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.W., 980 So. 2d 805 (La. Ct. App. 2008).

Opinion

THIBODEAUX, Chief Judge.

|TIn this consolidated action, plaintiff-appellant, the Louisiana Department of Social Services (the Department), seeks a reversal of the trial court’s judgment, denying its petition to terminate the parental rights of the defendant-appellee, B.C.W., to her two minor children. The Department asserted La.Ch.Code art. 1015(5) as the ground for termination; however, the trial court found that the Department did not prove that the mother failed to substantially comply with the case plan for the safe return of the children, as required by Article 1015(5). For the following reasons, we affirm.

I.

ISSUE

Did the facts presented by the Department establish B.C.W.’s lack of substantial compliance with the court-approved case plan for the safe return of her children?

II.

FACTUAL BACKGROUND

The minor children, C.A.W. and C.M.W., were both removed from their parents’ care as infants. C.A.W., the male child and the oldest sibling, was born to the teenagers, B.C.W. (the mother) and B.M.W. (the father), on December 27, 2004. B.C.W. was sixteen-years-old when she gave birth to her son. The father, B.M.W., was eighteen at the time of this child’s birth. The child was conceived shortly after the couple met and began dating while in high school.

B.M.W. graduated from high school, enlisted in the United States Army, and married B.C.W. in May of 2004. A few weeks later, he reported to basic training in another state. The marriage between [807]*807B.C.W. and B.M.W. was unstable from the beginning and remained so over the next few years, which included B.C.W.’s | ¡¡subsequent allegations of domestic abuse. Within a few months, the couple considered themselves separated; B.M.W. declared that he wanted a divorce. However, after B.M.W. completed basic training and was stationed to work at Fort Polk, Louisiana, the couple soon reconciled. They began living together, for the first time, in January 2005; C.A.W. was approximately one month old.

On May 15, 2005, injuries to C.A.W. were first identified when he was taken by his parents to a hospital in St. Tammany Parish; the family was in St. Tammany visiting B.C.W.’s parents. An X-ray revealed a skull fracture and large hemato-ma, but there was no damage to the brain detected, and no other injuries were found. The parents denied injuring the child and told hospital personnel and local Department authorities that they believed the child must have been injured in his car seat, while they traveled to St. Tammany Parish. They claimed that they were in a near accident, resulting in B.M.W. having to forcefully apply the car’s brakes. The parents explained that the child may have injured his head in the car seat as a result. C.A.W. remained in his parents’ care.

On June 20, 2005, when C.A.W. was six months old, the Department was again notified of possible physical abuse of C.A.W. The person reporting the suspected abuse informed the Department that the father had gotten upset and shaken the baby during the past weekend and that the mother had admitted to witnessing the father pinch and shake the baby in the past. An investigation was launched, and on June 21, 2005, a hospital evaluation of the infant revealed five fractured ribs. A subsequent review of the X-rays taken in May when the baby was evaluated for the head injury revealed that the rib fractures had been present then but were undetected. On June 21, 2005, the department sought C.A.W.’s removal on the basis of alleged physical abuse by the father and alleged passive abuse by the mother. C.A.W. was ^successfully removed from his parents’ custody and placed in the care, custody, and control of the Department pursuant to an Instanter Order issued by the trial court.

On June 27, 2005, the father confessed to the suspected physical abuse. The confession was given to the Army Criminal Investigation Division, which had launched an investigation of the child abuse allegations. B.M.W. provided a signed and witnessed, sworn statement, admitting to committing multiple acts of physical abuse on his infant son. Although he had confessed to the abuse, B.M.W. and his wife continued to live together on the military base while awaiting his anticipated court martial. The Department’s case worker described B.C.W. as remaining supportive of her husband at that time.

In the meantime, the Department scheduled psychological evaluations for both B.M.W. and B.C.W., and the court-approved case plan that had been developed, with reunification of the child with the parents as the permanent placement goal, continued to be worked by both parents. The plan consisted of the parents’ regular supervised visitation with C.A.W. and required the parents to undergo counseling and participate in parenting classes. Anger management classes were recommended for B.M.W. The case plan was scheduled to be reviewed in November.

At the parents’ initial psychological evaluations with clinical psychologist, Dr. John Simoneaux, it was determined that visitation between C.A.W. and the father should be stopped. During this evaluation, which took place on July 15, 2005, B.M.W. con[808]*808fessed, again, to causing the injuries to his son. In addition, a Department case worker arrived with C.A.W. for a supervised visit with his parents, which allowed Dr. Simoneaux to witness the interaction between C.A.W. (who was then about seven months old) and his parents. Dr. Simo-neaux observed C.A.W. | /‘scream” every time the father approached. Dr. Simo-neaux later described this as a “conditioned aversion” to the father as a result of his past negative interactions with him. The child was not agitated in his mother’s presence, however. Dr. Simoneaux advised the Department worker that visitation with the father should be stopped immediately. Also, in a report issued that day, Dr. Simoneaux advised the Department that based on his interaction with, and clinical examination of, the father, he saw no justification for anything other than the pursuit of criminal charges against B.M.W. and the pursuit of termination of his parental rights.

Dr. Simoneaux opined that B.M.W. was “obviously a very dangerous presence around the child,” had “poor impulse control,” and had “virtually no insight” into the seriousness of his behaviors. B.M.W. described his infliction of injuries on the child in an emotionless, matter-of-fact manner, and Dr. Simoneaux ultimately opined that B.M.W.’s behaviors were not the result of mental illness, but were the result of charaeterological/personality-based issues that were not likely treatable. Dr. Simoneaux also stated in his report that because B.M.W. attributed his abuse of his son to “stress” in his life, i.e., finances, sick wife, work, and in-laws, there was an increased risk of abuse present, since none of these issues had been resolved. Rather, the situation was more precarious, in his opinion, because of the added stress brought on by the current investigation and likely criminal proceedings.

Dr. Simoneaux further advised the Department that his evaluation and interview of B.C.W. revealed that she was equally oblivious to the seriousness of the harm caused and, as a result, was not capable of protecting the child from the father. Dr. Simoneaux issued a written report that day to the foster care worker assigned to the case, Catherine Weinnig, memorializing his impressions of the adults and the situation, in part, as follows:

Is* [B.C.W.] [17 years old] is immature, insightless and confused.

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Related

State Ex Rel. Cw
980 So. 2d 805 (Louisiana Court of Appeal, 2008)
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980 So. 2d 817 (Louisiana Court of Appeal, 2008)

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