State ex rel. D.H. v. A.E.F.

953 So. 2d 992, 6 La.App. 3 Cir. 1041, 2007 La. App. LEXIS 394, 2007 WL 675727
CourtLouisiana Court of Appeal
DecidedMarch 7, 2007
DocketNo. 2006-1041
StatusPublished
Cited by2 cases

This text of 953 So. 2d 992 (State ex rel. D.H. v. A.E.F.) 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.H. v. A.E.F., 953 So. 2d 992, 6 La.App. 3 Cir. 1041, 2007 La. App. LEXIS 394, 2007 WL 675727 (La. Ct. App. 2007).

Opinion

COOKS, Judge.

|.¿STATEMENT OF THE CASE

A.E.F. appeals the judgment of the trial court terminating her parental rights based on La.Ch.C. art. 1015(5). Her attorney filed a motion on appeal to withdraw as counsel of record. For the reasons assigned below, we affirm the decision of the trial court terminating A.E.F.’s parental rights. We grant the motion of S. Christie Smith, TV to withdraw as counsel for A.E.F.

STATEMENT OF THE FACTS

A.E.F. is the mother of D.H., age six and E.G.F., age four. The events leading to the termination of A.E.F.’s parental rights began in November 2003 when an investigation was initiated by the Department of Social Services, Office of Community Services of Vernon Parish, concerning a report of alleged sexual abuse of D.H., then age three, by her stepfather. The child was examined by a physician and the Department requested a meeting with D.H.’s mother to discuss the alleged incident. When the mother failed to appear as requested, considering the seriousness of the allegations, the Department began to inquire as to her whereabouts. She and her two children were eventually located by the Rapides Parish Sheriffs Department in the home of an individual who operated a methamphetamine lab. When she was discovered by deputies, A.E.F. was in the process of cooking methamphet-amines. A.E.F. was arrested and jailed. On November 26, 2003, an Instanter Order was issued removing the children from the custody of their mother and placing them in the temporary custody of the State of Louisiana (State). Thereafter, the children were adjudicated children in need of care and D.H. was placed in a foster home.

The State developed several case plans for the children with input from all | ¿interested parties including A.E.F.1 The initial goal was reunification of D.H. with her mother. However, because there was no substantial compliance by A.E.F. with the case plans submitted by the State, and considering the fact that D.H. had been in foster care for two years, the State filed a petition for termination of parental rights on October 19,2005. Following a hearing, the trial court terminated A.E.F.’s parental rights. We have reviewed the testimony of the witnesses presented at the hearing and find no error in the judgment of the trial court.

LAW AND DISCUSSION

The grounds for termination of parental rights are provided for in La.Ch.Code art. 1015(5) which provides, in relevant part:

Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent’s custody pursuant to a court order; there has been no substantial compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future, considering the child’s age and his need for a safe, stable, and permanent home.

The intervention of the State in the parent/child relationship is only justified under serious circumstances. In or[994]*994der to sever the legal relationship between parent and child, the State has an onerous burden of proof. The State must establish each element of the grounds for termination of the parental relationship by clear and convincing evidence. State ex rel. D.R.B. 00-1321 (La.App. 3 Cir. 12/6/00), 777 So.2d 508. In an involuntary termination proceeding, there are two interests at stake — those of the child and those of the parent. However, “[i]n balancing the parents’ and the child’s interests, the courts of this state have consistently found the interests of |4the child ... [is] paramount over those of the parents.” State ex rel. L.B. v. G.B.B., 02-1715, p. 4 (La.12/4/02), 831 So.2d 918, 921. The Louisiana Supreme Court explained:

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 termination 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.(Citations omitted.) 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.

State ex rel. J.A., 99-2905, pp. 8-9, (La.1/12/00), 752 So.2d 806, 811.

The child, D.H., was three when the State obtained an Instanter Order removing her from A.E.F.’s custody and placing her in foster care. Her foster family, the Dauzats, seek to adopt her. During the two year interim, the State prepared several case plans, which were approved by the court, with the goal of reunification. A case plan assessment, prepared shortly after the children were removed, reflect A.E.F.’s pattern of behavior with regard to D.H. The reports states, in part:

Mrs. F. visited with the children twice weekly since the last FTC until January 29. She was out of contact with the office from January 29-February 19. No family members seemed to know where she was. On February 19, she contacted the worker and asked to visit with the children, stating that she has been psychiatrically hospitalized in Lafayette. She failed to produce any documentation of this hospitalization and subsequently did not appear for the February 23 Adjudication Hearing. She has not been in contact with this office since February 19. Reports from law enforcement indicate that she has missed other court hearing[s] and there are warrants for her from Leesville City Police; and Vernon, Rapides, and Lafayette Parish Sheriffs offices. Mrs. F. has completed none of her case plants] other than the visits described above.
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Mrs. F. has made no progress on her case plan. Psychological | r,evaluation shows that she will need very long term treatment and her prognosis is very poor.

Sharon Lewis, a child counselor with the Allen Parish Mental Health Clinic, testified at the hearing. Ms. Lewis held a team conference and presented a case plan to A.E.F. with the goal of unification. D.H.’s father was incarcerated and did not attend. Another conference was called several months later to discuss A.E.F.’s [995]*995noncompliance. Ms. Lewis’ records reflect A.E.F. attended only eleven of the thirty-eight scheduled visits with her child and was out of contact with the agency for six months in 2004. A.E.F. began substance abuse evaluations, but failed to make follow-up appointments. Ms. Lewis stated when she left the agency, Ila Cook took over A.E.F.’s case.

Ms. Cook testified she had limited contact with both parents in the fall of 2004. She scheduled a team conference in October 2004 to discuss a case plan. However, neither parent attended because both were back in jail. A.E.F. was subsequently released but in late January 2005, she was again incarcerated on a drug conviction. D.H.’s father was also incarcerated. During this time, Ms.

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Bluebook (online)
953 So. 2d 992, 6 La.App. 3 Cir. 1041, 2007 La. App. LEXIS 394, 2007 WL 675727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dh-v-aef-lactapp-2007.