State ex rel. D.A.G.

812 So. 2d 781, 2002 WL 334669
CourtLouisiana Court of Appeal
DecidedFebruary 27, 2002
DocketNo. 2001-CA-1475
StatusPublished

This text of 812 So. 2d 781 (State ex rel. D.A.G.) 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. D.A.G., 812 So. 2d 781, 2002 WL 334669 (La. Ct. App. 2002).

Opinion

I JAMES F. McKAY, III, Judge.

The appellant, D.P.G., seeks a reversal of the trial court’s judgment terminating her parental right to the minor child D.A.G. Finding no manifest error in the discretion of the trial court we affirm its judgment.

D.A.G. was born June 25, 1997, and is the minor child of D.P.G. and the putative child of T.G.1 On February 11, 1999, the St. Bernard Sheriffs Office received a report that a small child was playing in the street at 2207 Trio Street. The sheriffs arrived at the residence only to find the mother, D.P.G., asleep. There was no doorknob or handle on the residence to secure the door closed and there were foul odors in the house. The sheriffs arrested D.P.G. On September 16, 1999, she pled guilty to child desertion. At the time of her arrest she was on active probation on a conviction for attempted possession of cocaine. A referral was made to the State of Louisiana, Department of Social Services, Office of Community Services (OCS), although D.A.G. did not enter State custody at that time because a relative assumed the care of the child.

During the interim period, prior to D.P.G.’s pleading guilty to child desertion, another incident took place concerning the care of the D.A.G. On April, | ¡>3,1999, Deputy Richard Jackson of the St. Bernard Sheriffs Office responded to a trespassing complaint. When he arrived at the residence he found twenty-one month old D.A.G., alone on the living room floor. He also saw a male entering the back room of the house. He followed the male and found an elderly female unconscious and intoxicated on her bed with her clothing around her ankles. It was determined that the woman was D.A.G.’s grandmother and that D.P.G. had left the child in her custody despite knowing the grandmother’s history of substance abuse. That same day OCS was granted custody of the child. On April 4, 1999, D.P.G. was once again arrested for battery on a police officer and she also tested positive for cocaine. She remained in jail until September 16, 1999. During this period of incarceration D.A.G. was in foster care.

D.P.G. was given a case plan with the goal of family reunification, which consisted of a successful completion of a substance abuse treatment program, obtaining and maintaining employment, obtaining stable housing for herself and D.A.G., consistent visitation, payment of child support and the completion of parenting classes.

Upon her release from jail, D.P.G. moved in with a friend, Ms. Ramos, in Violet, Louisiana, for two months. She then moved in with another friend, Tammy Cummins, in Chalmette, Louisiana, for three to four months; she briefly moved back with Ms. Ramos. On March 2, 2000, D.P.G. was again • arrested for public [784]*784drunkenness, disturbing the peace and theft. Her probation was revoked and she remained in jail until November 20, 2000. By this time D.A.G. was now 3/é years old and had been in foster care for lié years. On April 17, 2000, the case plan was changed from a goal of family reunification to foster care with termination of parental rights thereby freeing the child for adoption.

|3On July 12, 2000, the State filed a petition to terminate parental rights pursuant to La. Ch.C. art. 1015(5), alleging that the child had been in state custody for a year. At the time of the trial D.P.G. was living with Ms. Cummings and sleeping on a lounger in her living room. She was unemployed, had not successfully completed a substance abuse program, and she had only paid three months of child support, $60.00. She did however complete a parenting program and had numerous visitations with her child including while she was incarcerated, as the OCS brought the child to her in jail. The matter was heard on December 7, 2000, and D.P.G.’s parental rights were terminated and D.A.G. was freed for adoption. The trial court in its reasons for judgment found that D.P.G. failed to substantially comply with the case plan and that there was no reasonable expectation of significant improvement in her condition or conduct in the near future. It also found that it was in the best interest of the child to terminate D.P.G’s parental rights.

The appellant avers that the trial court abused its discretion by concluding that the State proved, by clear and convincing evidence, a ground for termination of D.P.G’s parental rights pursuant to La. Ch.C. art. 1015(5).

Termination of parental rights is a severe and terminal action and to permit it the State must satisfy an onerous burden of proof. State in the Interest of L.L.Z. v. M.Y.S., 620 So.2d 1309, 1313 (La.1993); citing, State in the Interest of JML, 540 So.2d 1244 (La.App. 3 Cir.1989). In a termination of parental rights case, the State must prove all the elements by clear and convincing evidence. La. Ch.C. art. 1035. The evidence must allow the conclusion that termination is in the best interest of the child. State in the Interest of D.T. v. K.T., 29,796 (La.App. 2 Cir. 6/18/97); 697 So.2d 665, 668. More than simply protecting parental rights, our Ujudicial system is required to protect the children’s rights to thrive and survive. State in the Interest of S.M., 98-0922 (La.10/20/98); 719 So.2d 445, 452. Furthermore, while the interest of a parent is protected in a termination proceeding by enforcing the procedural rules enacted to insure that parental rights are not thoughtlessly severed, those interests must ultimately yield to the paramount best interest of the child. Id. In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. The parents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children warranting great deference and vigilant protection under the law, State ex rel J.A., 99-2905 (La.1/12/00), 752 So.2d 806; The State’s parens patriae power allows intervention in the parent-child relationship only under serious circumstances, such as where the State seeks the permanent severance of that relationship in an involuntary termination proceeding. 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 ter[785]*785mination 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. State ex. reí J.A., supra; La. Child. Code art. 1001. 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 the most drastic actions the State can take against its citizens. The potential loss to the parent is grievous, perhaps more so than the loss of personal freedom caused by incarceration. State ex rel. J.A., supra; State in the Interest of A.E., 448 So.2d at 185.

Title X of the Children’s Code governs the involuntary termination of parental rights. Louisiana Children’s Code art.

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Bluebook (online)
812 So. 2d 781, 2002 WL 334669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dag-lactapp-2002.