State ex rel. D.B.

206 So. 3d 1021, 2016 La.App. 4 Cir. 0694, 2016 La. App. LEXIS 2227
CourtLouisiana Court of Appeal
DecidedDecember 8, 2016
DocketNO. 2016-CA-0694
StatusPublished
Cited by5 cases

This text of 206 So. 3d 1021 (State ex rel. D.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. D.B., 206 So. 3d 1021, 2016 La.App. 4 Cir. 0694, 2016 La. App. LEXIS 2227 (La. Ct. App. 2016).

Opinion

Judge Joy Cossich Lobrano

Lin the case sub judice, this Court must decide whether a putative father’s parental rights should be terminated under La. Ch. C. art. 1015 when the facts indicate that he may not know that his sexual relationship with a mother resulted in the birth of a child. Answering that question affirmatively, we reverse the judgment of the juvenile court and terminate the putative father’s rights to the child, D.B.

D.B., who is twelve years old, is the eldest of four children born to her Mother, E.B (“Mother”). At the time of her birth, no father was named on D.B.’s birth certificate, although Mother has named K.T. as D.B.’s father. D.B. has been diagnosed as autistic, and suffers from speech and language impairments. Throughout D.B.’s childhood, the Department of Children and Family Services (“DCFS”) received reports of abuse and neglect committed against D.B. and her siblings. After some of these reports were validated, DCFS’s Family Services Unit attempted to work with the family, referring Mother to parenting education, substance abuse treatment, and mental health treatment. Following Mother’s noncompliance, in October of 2014, when D.B. was ten, D.B. and her siblings were placed in foster care.

li>The children were' designated as Children in Need of Care, and a concurrent case plan of reunification/adoption was approved by the juvenile court. Sixteen case review hearings were held, and DCFS attempted to find D.B.’s alleged father, K.T., by speaking to Mother, asking relatives for information,. and running CLEAR searches.1 However, when the. plan was reviewed nearly a year later, - K.T. remained absent, and Mother had not made satisfactory progress on her- case plan. Thus, the goal of the plan was changed to adoption, and DCFS petitioned to terminate the parental rights of Mother and the fathers of her children. A curator was appointed to represent K.T. in the termination proceedings. The curator used newspaper advertisements, Westlaw public records searches, and internet searches in an attempt to locate K.T., all of which were unsuccessful.

At one point, the caseworker learned from Dr. Dickson, the LSU Infant Team professional who was working with Mother, that Mother had named an alternative man, D.W., as D.B.’s father.2 When the caseworker attempted to verify this information with Mother, she confirmed that D.B.’s father was K.T., not D.W.

At the termination hearing, Mother testified she met K.T. at a store in New Orleans, that she did not know his whereabouts, and that she could not remember when she last spoke to him. She was unable to provide any more information regarding KT.’s identity or whereabouts. Included in the exhibits were a certificate from the putative father registry indicating no registries relative to D.B. and a certificate from the juvenile court indicat[1024]*1024ing no acts of acknowledgement had been filed as to D.B.

IsUItimately, Mother’s parental rights to D.B. were terminated3 but KT.’s rights were not, despite a lack of evidence that K.T. ever attempted to discover, contact, or otherwise parent his child. In so ruling the court stated: “I don’t know that there is a requirement on gentlemen in the state to go around and try to find out every woman they had a relationship whether or not they are the father of the child I don’t believe that’s the case.” The juvenile court also declined to terminate any rights D.W. might have had to D.B., even though Mother had offered uncontroverted testimony that D.W. was not the child’s father, notwithstanding her earlier statement to the Infant Team.

This result left D.B. unable to be adopted, although D.B. is currently living with a certified foster mother who wishes to adopt her. Mother did not appeal the court’s ruling. The State filed this appeal and is joined by D.B.

“An appellate court reviews a trial court’s findings as to whether parental rights should be terminated according to the manifest error standard.” State ex rel. H.A.S., 2010-1529, p. 11 (La. 11/30/10), 52 So.3d 852, 859 (internal citations omitted). In a termination proceeding, “[t]he petitioner bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence.” La. Ch. C. art. 1035(A). The Louisiana Supreme Court has expressed its “unique concerns” regarding termination of parental rights as follows:

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, and due process requires that a fundamentally fair procedure be |4followed when the state seeks to terminate the parent-child legal relationship. However, the child has a profound interest, often at odds with those of his parents, in terminating parental rights that prevent adoption and inhibit establishing secure, stable, long-term, and continuous relationships found in a home with proper parental care. In balancing those interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent.

H.A.S., at 2010-1529, pp. 11-12, 52 So.3d at 859-60 (internal citations omitted) (emphasis added). The guiding principle that the child’s interest is paramount is reflected in the Louisiana’s Children’s Code. For instance, Children’s Code article 1004.1 provides:

The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.

La. Ch. C. art. 1004.1 (emphasis added). At the time of the termination hearing, D.B. had been in foster care for approximately 19 months.

A mere biological link between a father and child “does not guarantee him a constitutional stake in his relationship with that child, such a link combined with a [1025]*1025substantial parent-child relationship will do so.” In re Adoption of B.G.S., 556 So.2d 545, 550 (La. 1990). “If the natural father does not respond or cannot be located within a reasonable time, then the court may terminate his parental rights and continue with the adoption proceedings.” Id. at 558. In order to protect the child’s interest in terminating parental rights that prevent adoption and inhibit establishing secure, stable, long-term, and continuous relationships, Children’s Code article 1015 provides grounds by which parental rights may be terminated. In this case, KT.’s actions and inactions constitute one of those grounds—abandonment. Article 1015 allows for termination of parental rights due to abandonment under the following circumstances:

|fiThe grounds for termination of parental rights are:
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(5) Abandonment of the child by placing him in the physical custody of a nonpar-ent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:

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Cite This Page — Counsel Stack

Bluebook (online)
206 So. 3d 1021, 2016 La.App. 4 Cir. 0694, 2016 La. App. LEXIS 2227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-db-lactapp-2016.