State ex rel. D.L.R.

998 So. 2d 681
Supreme Court of Louisiana·Decided December 12, 2008·No. No. 2008-CJ-1541·Published·Cited by 14 cases

Opinion

CALOGERO, Chief Justice.

I,We granted writs in this termination of paternal rights proceeding to consider whether the court of appeal properly reversed a district court judgment terminating the parental rights of T.D.J.,1 mother of D.L.R., a child who was previously adjudicated a child in need of care after being diagnosed with “shaken baby syndrome.”2 Although the court of appeal decision is based on its review of only part of the record, the court of appeal determined that termination of T.DJ.’s parental rights was not warranted because the State of Louisiana, Office of Child Services (hereinafter either “OCS” or “the State”), failed to carry its burden of proof. Specifically, the court of appeal found that OCS failed to establish by the required clear and convincing evidence that T.D.J. did not comply with requirements for reunification set forth in the OCS case plan agreed to by T.D.J. and approved by the district court. Finding that the court of appeal improperly substituted its judgment for that of the district court without first finding manifest error, we reverse the decision of the court of appeal and reinstate the well-reasoned decision of the district court that terminated T.D.J.’s parental rights to her child, D.L.R.

|,FACTS AND PROCEDURAL HISTORY

D.L.R. is a male child born in California on June 5, 2004, as the result of an extramarital relationship between his mother, T.D.J., and his alleged father, J.L.R. T.D.J. and J.L.R. did not live together after D.L.R.’s birth, and T.D.J. retained custody of the child. On May 24, 2005, D.L.R. suffered serious permanent injuries that were later diagnosed as “shaken baby syndrome,” while in the physical custody of T.D.J.’s live-in boyfriend, S.B. T.D.J. was not present at the time of the incident. On the day after the incident, May 25, 2005, an instanter order was issued temporarily placing D.L.R. in the physical custody of OCS, who placed him into foster care in the home of his paternal grandparents.3

On June 24, 2005, T.D.J. and representatives of OCS entered into a case plan that listed the “permanent plan” for the family as “reunification.” The case plan imposed the following goals that T.D.J. would have to meet in order for the permanent plan of reunification to become a reality: (1) “provide a safe and stable home environment for her child,” (2) “become a more responsible parent to her [child] and parent [him] in ways that do not involve abuse/neglect,” (3) “cooperate with the agency,” and (4) “develop and maintain a positive and loving relationship with her [child].” The plan also included specific actions that T.D.J. would be required to take in order be considered to have achieved the goals. For example, in order to achieve the first goal, T.D.J. was required, among other things, both “to provide the case manager with the location of the home” and to [683] “maintain legal and stable income to support her child.” Further, in order to achieve the second goal, T.D.J. was required to “attend, participate, and successfully complete” parenting |sclasses, anger management classes, and domestic violence classes “provided by an OCS recommended agency and follow all recommendations of the instructor.” In order to achieve the third goal, T.D.J. was required to “keep the agency informed of all changes in her situation as well as her whereabouts at all times including mailing and physical address and a phone number where she can be reached.” The case plan also stated as follows; “In the event reunification cannot be achieved, permanency for [D.L.R.] will be achieved by May 2006,” which was one year after the incident of abuse. The case plan therefore set forth an “alternative plan of relative placement,” and an “alternative plan for adoption.”

On September 7, 2005, the district court issued a judgment adjudicating D.L.R. a “neglected child in need of care.” According to the judgment, D.L.R.’s parents admitted to the “allegations of the petition and stipulated that the [child is] in need of care.” The judgment ordered that the OCS maintain custody of D.L.R., and specifically advised his parents to “comply with all of the requirements of the case plan dated June 24, 2005 ... and correct the conditions requiring the [child] be placed in care.” The judgment further found that the June 24, 2005, case plan with the goal of reunification was consistent with D.L.R.’s health and safety and in his best interest. Thus, the district court approved the case plan and ordered the parties to comply with the case plan, which was made part of the orders of the court.

In November and December of 2005, an administrative review was performed that resulted in a report to the district court, which on December 15, 2005, issued a Case Review Judgment very similar to the September 7, 2005, judgment. The court report produced by OCS for this review indicates that D.L.R.’s father had “written a letter stating that he does not want to work a case plan because he does not want to deal with OCS.” The report also indicates that the primary reason D.L.R. was removed from T.DJ.’s custody was her refusal to leave S.B.’s house and her | insistence that S.B. did not hurt D.L.R. The report also indicated that T.D.J. was continuing her relationship with S.B. Also of concern was T.D.J.’s “minimal” compliance with her case plan. For example, T.D.J. had attended and completed a “parenting seminar,” but had not attended the “nurturing parenting course” OCS had recommended and approved, which she said was too long, and had not talked to her case manager about the seminar before attending. Additionally, T.D.J. had attended a three and one-half hour unapproved anger education class, but was one hour late, was unspecific about her reasons for attending the class, and had avoided answering questions, such that the instructor stated that her participation was minimal. T.D.J. had not attended the recommended and approved anger management course or the domestic violence classes, had not submitted to a substance abuse assessment, and had not submitted to a psychological evaluation.

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State ex rel. D.L.R., 998 So. 2d 681 (La. 2008).

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