State Ex Rel. Ddm

983 So. 2d 141, 2008 WL 787671
CourtLouisiana Court of Appeal
DecidedMarch 25, 2008
Docket07-CA-1017
StatusPublished

This text of 983 So. 2d 141 (State Ex Rel. Ddm) 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. Ddm, 983 So. 2d 141, 2008 WL 787671 (La. Ct. App. 2008).

Opinion

983 So.2d 141 (2008)

STATE of Louisiana in the Interest of D.D.M. and G.A.M.

No. 07-CA-1017.

Court of Appeal of Louisiana, Fifth Circuit.

March 25, 2008.

*142 Eunice S. Charles, Attorney at Law, Gretna, LA, for Parent/Appellant.

Sherry Watters, Margaret A. Restucher, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellee.

Panel composed of Judges CLARENCE E. McMANUS, WALTER J. ROTHSCHILD, and GREG G. GUIDRY.

WALTER J. ROTHSCHILD, Judge.

The mother, L.M., appeals a judgment of the juvenile court for Jefferson Parish terminating her parental rights to two of her minor children, D.M. and G.M. For the reasons which follow, we affirm the judgment of the juvenile court.

FACTS AND PROCEDURAL HISTORY

D.M. was born on February 15, 2002. G.M. was born on April 5, 2005. On July 25, 2005, G.M. was admitted to Children's Hospital where it was determined that she had a spiral fracture to her left arm and two fractured ribs that were at different stages of healing. Examination of G.M. further revealed that she had a torn frenulum, which is consistent with an object being shoved into her mouth, and a laceration to her liver, which is consistent with blunt trauma. The child protection investigator initially received several different stories from L.M. and others regarding how G.M. sustained these injuries. After further investigation, G.M.'s father, G.G.Jr., was arrested, and thereafter, he pled guilty to second degree cruelty to a juvenile.

In August 2005, the children were brought into the custody of the State of Louisiana, Department of Social Services, Office of Community Service ("the State"), and they were placed with the maternal grandfather and his wife (hereinafter referred to as "the grandparents"). On October 14, 2005, the Jefferson Parish District Attorney filed a "Children in Need of Care" petition and, on December 6, 2005, the children were adjudicated to be in need of care due to failure of the mother, L.M., to adequately supervise and protect them. The State retained custody of the children and they remained in the care of the grandparents.

Initially, the goal for the mother and children was reunification. A case plan was developed by the State and approved by the juvenile court on January 17, 2006. The case plan required L.M. to participate and cooperate with the Infant Team, attend appointments as scheduled, follow the Infant Team's recommendations, maintain monthly in-person contact with the State, participate in supervised visits with the children, maintain safe and stable housing for the children, demonstrate an understanding of the parenting education learned and her ability to protect her children from harm, and pay $100 per month in child support.[1] L.M. was warned by the *143 trial court that failure to complete the case plan could result in termination of her parental rights.

On January 4, 2007, the State filed a Petition for Termination of Parental Rights seeking to terminate the rights of D.M.'s father, D.L., G.M.'s father, G.G.Jr., and the mother, L.M. The petition alleges that L.M.'s parental rights should be terminated, because she failed to substantially comply with the court-approved case plan and there is no reasonable expectation of significant improvement in L.M.'s conduct in the near future.[2] Trial on the Petition for Termination of Parental Rights was held on March 20 and 21, 2007.

At trial, Nell Flanagan testified that this case was assigned to her on December 9, 2005, and she was the primary foster care worker. She explained that D.M. and G.M. were taken into custody by the State because G.M. had an unexplained fracture to her arm on July 25, 2005 and while she was at the hospital, it was discovered that she had other injuries, including mouth trauma, a lacerated liver, and fractured ribs, which were at least two weeks old. She stated that the agency validated the lack of supervision claim against L.M., a case plan was prepared for and signed by L.M., and it was approved by the court. She indicated that the case plan required L.M. to maintain contact with the agency, cooperate with the Infant Team and follow their recommendations, participate in visits with the children, maintain safe and stable housing, demonstrate an ability to protect the children from harm, and pay $100 per month in child support.

Ms. Flanagan testified that D.M. and G.M. were placed with the grandparents, who were living in New Orleans at the time the children were taken into State custody. However, the grandparents relocated to Augusta, Georgia after their home was destroyed by Hurricane Katrina. The State provided two plane tickets for L.M. to visit the children in Georgia, but L.M. did not maintain consistent contact with the children. The grandparents relocated to Jackson, Mississippi in August 2006, and L.M. provided her own transportation on two occasions to visit the children in Jackson. She stated that L.M.'s visits with the children were once a month on average, and usually when the grandparents brought them to New Orleans. Ms. Flanagan testified that L.M. did not fully cooperate with the Infant Team, because she did not follow their recommendations to move closer to her children. L.M. refused to move to Augusta, even though the grandparents offered to allow L.M. to stay with them and the children. In September 2006, L.M. agreed to move to Jackson and she looked at an apartment there. However, Ms. Flanagan did not believe L.M. was genuinely trying to move, and L.M. never did move to Jackson. According to Ms. Flanagan, L.M. stated that she had to stay in the New Orleans area to complete a manager training course for her job at Burger King, which would start in December 2006 and would last about six weeks. Ms. Flanagan told L.M. that she believed that was too long to wait to be with the children.

Ms. Flanagan opined that L.M. has not demonstrated an ability to protect her children from harm. She noted that L.M. maintained a relationship and conceived another child with G.M.'s abuser, G.G.Jr., after the children were taken into State custody. She stated that after the charges against G.G.Jr. were resolved, L.M. told *144 her that G.M.'s injuries were not that bad because G.G.Jr. only got probation. Ms. Flanagan also stated that L.M. never seemed to understand the lack of supervision validation against her, because she often told Ms. Flanagan, "I didn't do anything. I wasn't there." She further stated that she believes L.M. is in denial about the seriousness of G.M.'s injuries and the fact that G.M. almost died from these injuries.

In Ms. Flanagan's opinion, L.M. has not shown substantial improvement in understanding the issues that brought her children into care and she has not demonstrated that she will make significant improvement in the near future. She stated that she does not believe that the children would be safe if returned to L.M.'s custody. She believes that it is in the children's best interest for them to be adopted by the grandparents.

Jackie Randolph testified that she is the current case manager for the State in this case. The case was assigned to her in February 2007 and she met with L.M. one time. L.M. told her that G.M. fell out of bed and broke her arm while at the home of her father, G.G.Jr., when L.M. was at work. L.M. also told her that she did not need anything more from the Infant Team and that she was finished working with them.

Dr. Charles Zeanah, the director of the Infant Team and an expert in child psychiatry, was the primary clinician in this case since June 2006 and he provided a series of individual therapy sessions with L.M.

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Bluebook (online)
983 So. 2d 141, 2008 WL 787671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ddm-lactapp-2008.