State ex rel. E.R.S.

141 So. 3d 307, 13 La.App. 3 Cir. 1415, 2014 WL 1911186, 2014 La. App. LEXIS 1285
CourtLouisiana Court of Appeal
DecidedMay 14, 2014
DocketNo. 13-1415
StatusPublished

This text of 141 So. 3d 307 (State ex rel. E.R.S.) 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.S., 141 So. 3d 307, 13 La.App. 3 Cir. 1415, 2014 WL 1911186, 2014 La. App. LEXIS 1285 (La. Ct. App. 2014).

Opinion

GREMILLION, Judge.

_JjThe parents, P.A.A. and J.A.S., appeal the trial court’s judgment terminating their parental rights to E.R.S.1 For the following reasons, we affirm.

[309]*309FACTUAL AND PROCEDURAL BACKGROUND

E.R.S. was born in February 2006. In June 2011, the Department of Children and Family Services (DCFS) received a report of sexual abuse of E.R.S.’s sister, O.A., who was born in 2004, by the sisters’ then twelve-year-old half-brother, W.T. During the investigation, it was learned that E.R.S. was also being sexually abused by W.T. W.T. was charged with aggravated incest, and P.A.A. was charged with accessory after the fact to aggravated incest as the sisters stated that not only had they had reported the abuse to P.A.A., but P.A.A. had witnessed W.T. and O.A. having intercourse and she failed to do anything. Further, J.A.S. told law enforcement that P.A.A. was aware of the abuse and allowed it to continue. E.R.S. was removed from her parents’ custody pursuant to an Instanter Order and was later adjudicated in need of care in September 2011. P.A.A. was arrested and placed in the custody of the St. Martin Parish Correctional Department. E.R.S. and her sister were placed in the home of their maternal grandparents. Both sisters had previously been in the State’s care from February 2008, through February 2010.

Numerous permanency and case review hearings were held from December 2011 through June 2018. DCFS filed a Petition for Termination of Parental Rights and Certification for Adoption on February 22, 2013. The trial court terminated P.A.A. and J.A.S.’s rights to E.R.S. on June 25, 2018, from which a judgment issued on July 19, 2013. P.A.A. and J.A.S. now appeal.

| .ISSUE

P.A.A. and J.A.S. assign as error:

1. Whether the trial court erred in granting judgment in favor of the State of Louisiana terminating the parental rights of [P.A.A.] and [J.A.S.] to the minor child, E.R.S.?

LAW AND DISCUSSION

We have stated that “[pjarental rights to the care, custody, and management of children is a fundamental liberty interest warranting great deference and vigilant protection under the law.” In re J.K., 97-336, p. 4 (La.App. 3 Cir. 10/29/97), 702 So.2d 1154, 1156. See also Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). Accordingly, a parent has a strong interest in the accuracy of a decision to terminate her rights. Lassiter v. Dep’t of Soc. Servs. of Durham Cnty., NC, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). Thus, the Louisiana legislature has imposed strict standards that require the State to prove, by clear and convincing evidence, the grounds for termination under La.Ch.Code art. 1015 before a judgment can be issued terminating parental rights. In re J.K., 702 So.2d 1154.

This analysis requires a balancing of the child’s interests and the parent’s interests; however, it has been repeatedly held that the interests of the child are paramount over that of the parent. In re J.A., 99-2905 (La.1/12/00), 752 So.2d 806. In that case, the supreme court stated:

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 [310]*310of the child for all legal relations with the parents to be terminated. As such, the primary concern of the courts and the State remains to secure the best interest for the child, |3mcluding termination of parental rights if justifiable grounds exist and are proven. Nonetheless, courts must proceed with care and caution as the permanent termination of the legal relationship existing between natural parents and the child is one of the most drastic actions the State can take against its citizens.

Id. at 811 (citation omitted).

The trial court’s decision to terminate parental rights will not be reversed by the appellate court unless it is manifestly erroneous or clearly wrong. In re V.F.R., 01-1041 (La.App. 3 Cir. 2/13/02), 815 So.2d 1035, writ denied, 02-797 (La.4/12/02), 813 So.2d 412.

Louisiana Children’s Code Article 1015(5) sets forth the following as grounds for involuntary termination:

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 parental 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.

Louisiana Children’s Code Article 1036(C) states:

Under Article 1015(5), lack of parental compliance with a case plan may be evidenced by one or more of the following:
(1) The parent’s failure to attend court-approved scheduled visitations with the child.
(2) The parent’s failure to communicate with the child.
(3) The parent’s failure to keep the department apprised of the parent’s whereabouts and significant changes affecting the parent’s ability to comply with the case plan for services.
(4) The parent’s failure to contribute to the costs of the child’s foster care, if ordered to do so by the court when approving the case plan.
|4(5) The parent’s repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.
(6) The parent’s lack of substantial improvement in redressing the problems preventing reunification.
(7) The persistence of conditions that led to removal or similar potentially harmful conditions.

The trial court found by clear and convincing evidence that the parental rights of P.A.A. and J.A.S. should be terminated because:

[T]he parents have failed to substantially complete the case plan approved by the court, the parents have shown a continued inability to protect the child from harm and there is no reasonable expectation of improvement in the near future, and the parents have failed to provide support for the minor child for a period of greater than six months; and, that termination of parental rights and certification for adoption is in the best interest of the minor child, as the child is in need of permanency and is placed in the adoptive home of a relative.

In its oral reasons, the trial court gave the following reasons for termination:

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Related

State in the Interest of C. F., A. F., & A. G.
Louisiana Court of Appeal, 2015

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Bluebook (online)
141 So. 3d 307, 13 La.App. 3 Cir. 1415, 2014 WL 1911186, 2014 La. App. LEXIS 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ers-lactapp-2014.