State ex rel. E.R.

63 So. 3d 1152, 11 La.App. 3 Cir. 0065, 2011 La. App. LEXIS 526, 2011 WL 1661529
CourtLouisiana Court of Appeal
DecidedMay 4, 2011
DocketNo. 11-0065
StatusPublished

This text of 63 So. 3d 1152 (State ex rel. E.R.) 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. E.R., 63 So. 3d 1152, 11 La.App. 3 Cir. 0065, 2011 La. App. LEXIS 526, 2011 WL 1661529 (La. Ct. App. 2011).

Opinion

PETERS, J.

hThe mother and her minor daughter both appeal a trial court judgment rendered in favor of the State of Louisiana through the Department of Children and Family Services (referred to as the “state” or “DCFS”) terminating the parental rights of the parents to the minor daugh[1154]*1154ter. For the following reasons, we affirm in part and reverse in part.

DISCUSSION OF THE RECORD

The minor child at issue in this litigation, E.R., was born on March 17, 2007, during the marriage of her mother, K.R. and her legal father, Eu.R.1 However, Eu. R.’s brother, C.R., is E.R.’s biological father. This litigation has as its beginnings three emergency room visits over a four-day period in early April 2008.

The first emergency room visit was to the Rapides General Hospital Emergency Room in Rapides Parish, Louisiana. On that day, K.R. brought E.R. to the hospital after learning that Eu.R. had choked the child. On the next day, when E.R. began experiencing breathing difficulties, and would not quit crying, K.R. took her to the Sabine Medical Center Emergency Room in Sabine Parish, Louisiana. Two days later, on April 11, 2008, K.R. and E.R. were again at the Sabine Medical Center Emergency Room because K.R. believed that Eu.R. had sexually assaulted E.R.2 This particular event was so traumatic that K.R. caused she and E.R. to be transported by ambulance to the hospital.

These hospital visits were called to the attention of the State of Louisiana, Department of Social Services, Office of Community Services3 in Sabine Parish on bApril 11, 2008, and the state’s subsequent investigation revealed not only the particulars of the three emergency room visits, but a history of abuse to both E.R. and her half-brother, C.V., Jr. — all at the hands of Eu.R.4

Initially, DCFS allowed E.R. and C.V., Jr. to remain in their mother’s home. However, on May 1, 2008, after learning that K.R. refused to enforce a restraining order against Eu.R., DCFS sought and was granted a temporary custody order from the trial court. A May 2, 2008 hearing resulted in a judgment granting DCFS continued custody of both E.R. and C.V., Jr. Thereafter on May 16, 2008, the state filed a petition seeking to have the children adjudicated as children in need of care. Following a hearing on June 30, 2008, the trial court adjudicated E.R. and C.V., Jr. as children in need of care and continued their custody in the care of the state.5

Even before the trial court adjudicated E.R. a child in need of care, DCFS had already begun to formulate a plan to address the issues raised by taking her into custody. On May 28, 2008, DCFS and K.R. entered into a case plan wherein the principal goal was stated as KR.’s reunification with E.R., with a secondary goal of [1155]*1155E.R.’s placement with a relative. As part of this initial case plan, K.R. agreed to participate in substance abuse evaluations and/or treatments, psychological evaluations and/or treatments, parenting and nurturing classes, and domestic violence and women’s support groups. Additionally, she committed herself to obtaining and | ^maintaining employment, to provide financial support to her children if called upon by the state, to provide transportation for herself and the children, and to cooperate with DCFS.6 The trial court approved this case plan.

Thereafter, DCFS continued to maintain E.R.’s physical custody and provided the trial court with progress reports and proposed changes of the case plan. When DCFS provided the trial court with its case plan review prepared on November 19, 2008, K.R. had undergone a psychological evaluation by Dr. Daniel J. Lonowski, an Alexandria, Louisiana psychologist, and counseling sessions with Dr. Carol Jan-nick, a family counselor with Green Acres Counseling Services in Natchitoches, Louisiana, had completed her parenting class obligations, and was then attending her nurturing parenting classes. Despite this apparent progress, DCFS informed the trial court that while its primary goal remained reunification, its secondary goal had become adoption. DCFS’s conclusions that K.R. continued to have problems with her mental and emotional health, her inability to understand the effect substance abuse has on her parenting abilities, her inability to understand the effect violence has had in her home, and in her lack of day-to-day parenting skills were based on the reports provided by Drs. Lonowski and Jannick and her instructor in the parenting class. With regard to Eu.R.’s participation in the reunification process, DCFS reported to the trial court that he had not attended any of the family team conferences and, at the time the report was prepared, his whereabouts were unknown.7

14When DCFS submitted its next case plan review to the trial court on July 21, 2009, its goal had changed to take the steps necessary to make E.R. available for adoption. This change in direction was caused by KR.’s continued lack of progress in rehabilitating herself. A February 6, 2009 progress report submitted to the trial court had noted that while K.R. had completed her participation in a women’s support group for domestic violence, the class instructor was of the opinion that K.R. “did not comprehend what was needed to make a safe environment for her and her child.” Additionally, although K.R. had completed her nurturing parenting class obligation, she demonstrated nothing to suggest that she comprehended or could demonstrate any of the skills learned in her classes. In the case plan review, DCFS requested a follow-up evaluation with Dr. Lonowski. Additionally, it noted that Eu.R. continued to be a non-participant in the case plan. The trial court subsequently accepted the new case plan goal of adoption and ordered a follow-up evaluation by Dr. Lonowski.

On May 21, 2010, DCFS submitted an updated case plan review to the trial court wherein it asserted that nothing had [1156]*1156changed to alter its adoption goal, as K.R. had made little or no progress toward strengthening her argument for reunification with her daughter. On October 19, 2010, DCFS filed its petition seeking termination of the parental rights of K.R., Eu.R., and C.R. After a trial on the merits, the trial court rendered judgment terminating the parental rights of all three parties, maintaining E.R.’s custody in the state and freeing her for certification for adoption. The trial court signed a judgment to this effect on December 17, 2010, and both K.R. and E.R. have appealed. Both appellants raised the same two assignments of error: (1) that the state failed to establish by clear and convincing evidence that there was no reasonable expectation of reformation in the foreseeable future for K.R. [or in the | Bcase of E.R.’s appeal, for Eu.R. and C.R. as well], and (2) that the state failed to prove by clear and convincing evidence that there has been no substantial parental compliance with the case plan.

OPINION

In State in the Interest of J.A., 99-2905, pp. 7-9 (La.1/12/00), 752 So.2d 806, 810-11, the supreme" court summarized the general rules governing suits seeking the 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.

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Bluebook (online)
63 So. 3d 1152, 11 La.App. 3 Cir. 0065, 2011 La. App. LEXIS 526, 2011 WL 1661529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-er-lactapp-2011.