State ex rel. D.L.R.

986 So. 2d 76, 2008 La.App. 3 Cir. 0124, 2008 La. App. LEXIS 916
Louisiana Court of Appeal·Decided April 30, 2008·No. No. 08-0124·Published·Cited by 3 cases

Opinion

PETERS, J.

| Q.W. J. appeals a judgment rendered in favor of the State of Louisiana through the Department of Social Services, Office of Community Services (sometimes hereinafter referred to as “the state” or “OCS”) terminating her parental rights to her minor child, D.R. For the following reasons, we reverse the trial court judgment.

DISCUSSION OF THE RECORD

D.R. was born on June 5, 2004, of an extra-marital relationship between T.W.J., his mother, and J.L.R., his father.1 The parents did not maintain a home together after D.R.’s birth. Instead, D.R.’s mother retained custody and, by May of 2005, had begun cohabiting with another man, S.B. On May 24, 2005, D.R. sustained severe injuries from physical abuse while in the physical custody of S.B. Although T.W.J. was not present when the injuries were sustained,2 the state took physical custody of D.R. and placed him in foster care. Sometime thereafter, T.W.J. and representatives of OCS entered into a case management plan which imposed a number of obligations for T.W.J. to fulfill before she could be reunited with her son.3

On November 14, 2006, T.W.J. met with a number of OCS personnel for a status review and a family team conference. The written report prepared after the meeting is a part of the evidentiary record and states that the initial reason for D.R.’s | ¡.removal to the state’s custody was T.W.J.’s refusal to acknowledge, immediately after D.R.’s injury, that S.B. caused his injury. The report stated that “[s]ince [T.W.J.] refused to find another residence or stop her relationship with [S.B.], an Instanter Order was requested on May 24, 2005 placing [D.R.] in State’s custody.”

With regard to the requirements of the original case plan, the report contained the following:

[78] [T.W.J.] completed the following recommended services:
1) Parenting Classes were provided by Family & Youth Counseling Agency on 8/10/05 and [T.W.J.] sue-cessfully completed it in 8/30/05. [T.W.J.] personally paid for the group parenting class, which was held on 8/31/05.
2) Anger Management offered by Ms. Molly Larson was completed by [T.W.J.] on 9/12/05. Individual counseling was recommended.
3) Assessment at LCADC was conducted on 12/12/05 and results were negative. Case was closed by LCADC because no treatment was necessary.
4) Psychological Evaluation was conducted by Dr. Buxton on 3/31/06. He recommended counseling to address Post Traumatic Stress Disorder, Dysthymic Disorder and Personality Disorder with Dependent Features. Dr. Buxton stated that the only way [T.W.J.] could parent [D.R.] was in the home of a responsible adult caregiver to assist her in caring for a special needs child.
5) Common Sense Parenting class sponsored by Boys Town was successfully completed by [T.W.J.] on 8/24/06.
6) Domestic Violence group counseling sponsored by Calcasieu Women’s Shelter was attended by [T.W.J.] on 9/28/06.

The report also stated that sometime before the November 2006 conference, T.W.J. had changed her attitude toward S.B.’s role in causing her child’s injuries. That is to say, she acknowledged her mistake in originally believing that he had not injured D.R. The report also stated that the state had no immediate plans to pursue termination of the parents’ rights.4 The report made it clear that the foster care ^parents were not interested in adopting D.R. and that OCS’s search for an appropriate placement had eliminated all non-parental relatives as potential care givers for D.R. Concerning “the overall progress or lack of progress made toward achievement of a safe permanent living arrangement for [D.R.],” the report provided the following:

[T.W.J.] has minimally complied with her Case Plan. She has had two different jobs and residences since June. She is currently renting to own a two bedroom mobile home in Lake Charles, La. She continues to state that she has not had any contact with [S.B.] nor does she know his current address.

Concerning the goals of the ease plan, the report stated the following with regard to T.W.J.’s obligations:

1. [T.W.J.] needs to provide a safe, clean and stable home environment free of hazards, criminal activity and substance abuse.
2. [T.W.J.] needs to become a more responsible parent to her child and parent him in ways that do not involve abuse or neglect.
3. [T.W.J.] needs to cooperate with the agency and the court.
4. [T.W.J.] needs to maintain a positive and loving relationship with her child.

The requirements of this plan of action were punctuated with the not-so-veiled threat that “[i]n the event that reunification cannot be achieved!,] permanency for [D.R.] will be achieved by the time the [79] [child] [has] been in foster care for one year. This will be May 2007.”5

The next status review and family team conference occurred on May 21, 2007, and the bulk of the entries in the written report, prepared after that meeting and made a part of the evidentiary record, are word-for-word exactly those found in the November 14, 2006 report. However, in the section addressing “the overall progress |4or lack of progress made toward achievement of a safe permanent living arrangement for [D.R.],” the report provided the following:

[T.W.J.] has minimally complied with her Case Plan. Her employment has been unsteady, however; she has been residing in the same residence for over 8 months in Lake Charles, La. [T.W.J.] stated that she has not had any contact with [S.B.] nor does she know his current address.

Thereafter, on July 25, 2006, the state filed the petition now before us seeking termination of the parents’ parental rights, and trial on the merits was held on June 21, 2007, with all litigants being represented by counsel at trial. In support of its request for a judgment of termination of parental rights, the state introduced the record of the termination proceedings as its only exhibit. Additionally, Wendy Sprigg, T.W.J.’s original foster care worker; Caprecia Ryan Botley, a former supervisor for court programs (including misdemeanor probation programs) for the Fourteenth Judicial District Court; Charlotte Butler, a Lake Charles, Louisiana licensed clinical social worker; Mollie Larson, a Lake Charles, Louisiana licensed marriage and family therapist and professional counselor; and Dr. Alfred Buxton, a Lake Charles, Louisiana psychologist, all testified on behalf of the state. T.W.J. also testified.

Free access — add to your briefcase to read the full text and ask questions with AI

State ex rel. D.L.R., 986 So. 2d 76, 2008 La.App. 3 Cir. 0124, 2008 La. App. LEXIS 916 (La. Ct. App. 2008).

986 So. 2d 76 (State ex rel. D.L.R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State ex rel. D.L.R.
998 So. 2d 681 (Supreme Court of Louisiana, 2008)
State Ex Rel. Dlr
986 So. 2d 76 (Louisiana Court of Appeal, 2008)