State ex rel. E.S.P.

113 So. 3d 401, 12 La.App. 5 Cir. 786, 2013 WL 1287381, 2013 La. App. LEXIS 610
CourtLouisiana Court of Appeal
DecidedMarch 27, 2013
DocketNo. 12-CA-786
StatusPublished

This text of 113 So. 3d 401 (State ex rel. E.S.P.) 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.S.P., 113 So. 3d 401, 12 La.App. 5 Cir. 786, 2013 WL 1287381, 2013 La. App. LEXIS 610 (La. Ct. App. 2013).

Opinion

JUDE G. GRAVOIS, Judge.

| ?M.L. has appealed a juvenile court judgment terminating her parental rights. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On June 19, 2007, 39-year-old M.L. gave birth to E.S.P.1 The record reflects that A.P. is listed on E.S.P.’s birth certificate as her father. Apparently, he has not [403]*403been involved in her life.2 On April 1, 2010, E.S.P. was living with her mother and grandmother in a home with several animals. On that date, E.S.P.’s grandmother summoned police because an intoxicated M.L. had dug up the corpses of two animals that had died about six months earlier and brought the corpses into their house. This incident resulted in M.L.’s being committed to a psychiatric hospital. Authorities deemed the house unsafe for E.S.P. due to animal excrement and urine found in the house. E.S.P. was placed in foster care.

|sOn June 1, 2011, the Department of Children and Family Services (“DCFS”) filed a Petition for Termination of Parental Rights seeking to terminate M.L.’s parental rights of E.S.P. pursuant to La. Ch.C. art. 1015(5). An attorney was appointed to represent E.S.P. in the proceeding. M.L. retained private counsel, and denied the allegations of the petition.

The termination hearing was set for September 19, 2011. However, on August 16, 2011, M.L. was granted a continuance because she was being evaluated by a privately-retained psychologist.- At a status conference held on September 13; 2011, M.L.’s attorney requested a continuance in order to allow him to review the DCFS file. On September 29, 2011, DCFS requested a continuance because a key witness was unavailable.

On January 17, 2012, DCFS' and M.L. entered into a consent judgment. The judgment provided that the trial on the termination of parental rights petition was continued without date on the motion of DCFS, and that M.L. had to; (1) find appropriate child care for E.S.P.; (2) have two two-hour home visits per week, supervised and progressing to unsupervised; (3) attend E.S.P.’s weekly speech therapy; (4) obtain a bed, clothing, and storage for E.S.P.’s things; (5) develop a budget for E.S.P.’s return; and (6) have adequate food for - E.S.P. The judgment further provided that a review hearing would be held on February 28, 2012. On February 28, 2012, the trial court ruled that the status of the matter was to remain the same. . On March 6, 2012, M.L.’s private attorney withdrew from the case and M.L. was appointed counsel. On March 20, 2012, M.L.’s appointed attorney moved for a continuance because he had been unable to contact M.L.

On April 10, 2012, a hearing was held in which testimony was taken from Samantha Barker, the DCFS case worker, Brittney Bergeron of Court Appointed Special Advocates for Children (“CASA”), and Priscilla Plummer, the foster | ^mother of E.S.P. A transcript of this testimony is not contained in the appellate record. M.L. and her attorney were present for this hearing. According to the minute entry for this hearing, the court ordered that visitation of E.S.P. by M.L. be supervised by the “infant team” and that a termination hearing be held on June 18, 2012. A judgment signed on April 10, 2012 in connection with this hearing noted the case plan goal to be adoption and that this permanent plan is the most appropriate and in the best interest of E.S.P.

After several continuances, a termination hearing was held on August 13, 2012. At the hearing, Samantha Barker testified that she was the case manager for M.L. and E.S.P. She explained that E.S.P. was taken into custody on April 1, 2010 because of neglect and inadequate shelter. She prepared the case plan to work towards reunification. She informed M.L. that her failure to comply with the case [404]*404plan could result in termination of her parental rights. M.L. was compliant with attendance and participation with all aspects of the case plan with the exception of removing the carpeting from the home and successfully completing the Tulane Infant Team program. When Ms. Barker “inherited” this case from the initial worker in August 2010, she went to M.L.’s home and it smelled of urine and feces. The case plan was modified to require removal of carpet from the home. M.L. did not remove the carpeting until June 2011. M.L. told Ms. Barker that her attorney stated that she did not have to remove the carpet, and that she and friends who come over to the house “[did] not smell anything.”

The last visit Ms. Barker observed between M.L. and E.S.P. took place at a children’s-themed restaurant. During the middle of this visit, E.S.P. was observed running around with pizza in her hand. She also had pizza all over her face. When asked about this by Ms. Barker, M.L. stated that E.S.P. wanted to play and did not want to sit down. Ms. Barker observed that M.L. was failing to set down any [¿parental constraints for E.S.P. Ms. Barker testified that one of the concerns with the experts on the Infant Team was that M.L. did not have the ability to set limits for E.S.P. It was apparent to Ms. Barker that after over twenty months of therapy with the Infant Team, M.L. was still dependent on a lot of directions during her visits with E.S.P.

Ms. Barker visited M.L.’s home on a monthly basis to monitor her progress. She continued to detect the strong odor of feces and urine on her visits to the home. She described one visit in which she actually slipped on a substance on the floor that she thought to be animal urine. Ms. Barker testified that the agency met and determined that it was in E.S.P.’s best interest for M.L.’s rights to be terminated and for E.S.P. to be freed for adoption.

On cross-examination, Ms. Barker admitted that she was not always able to visit the home on a monthly basis because sometimes when her visits were unannounced, M.L. would not answer the door. The last time she had visited M.L.’s home was in March 2012.

Ms. Barker also testified that E.S.P. made tremendous improvement in her developmental delays since receiving speech and language therapy, as well as occupational and play therapy. E.S.P. was in a foster home that had two older adopted girls. She had bonded to these girls and they included her in their activities.

Dr. Madeleine Blancher, a pediatrician, testified that she worked with the Tulane Infant Team as a child psychiatric fellow from July 2010 through June 2011. In her intake interview with M.L., she described the episode that precipitated E.S.P.’s being taken into custody. M.L. admitted to her that she was depressed at that time and had been drinking and taking pills when she brought the animal corpses into their house. M.L.’s mother summoned the police. M.L. stated | fito Dr. Blancher that contrary to the police report stating there was excrement and urine all over the house, there were only two piles of dog feces in the home at that time, which in her opinion was the result of the dogs being excited because there were new people in the house.

M.L. advised Dr. Blancher that years earlier, someone had complained to authorities about the number of cats she had at her home. Due to this complaint, M.L. voluntarily gave custody of her three other children to her sister. These children have not returned to live with M.L.

Dr. Blancher testified that, in her opinion, E.S.P.’s obvious developmental delays [405]*405when she was taken into custody were not caused by any inherent deficits of E.S.P.

Dr. Blancher worked with M.L.

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Bluebook (online)
113 So. 3d 401, 12 La.App. 5 Cir. 786, 2013 WL 1287381, 2013 La. App. LEXIS 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-esp-lactapp-2013.