State ex rel. F.A.

889 So. 2d 391, 4 La.App. 3 Cir. 1046, 2004 La. App. LEXIS 2990, 2004 WL 2806426
Louisiana Court of Appeal·Decided December 8, 2004·No. No. 04-1046·Published

Opinion

JjSCOFIELD, Judge.1

J.G.A. (JGA), the mother of the minors, A.V.A. (AVA), and F.M.A. (FMA), appeals a judgment of the trial court terminating her parental rights and certifying the minors eligible for adoption. Both AVA and FMA have different biological fathers. Neither the biological father of AVA nor the biological father of FMA, whose rights were also terminated, appeals the judgment. We affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

The minors, AVA and FMA, first came to the attention of the Department of Social Services on January 11, 2002, through the filing of a report by a third party of the alleged medical neglect by JGA of FMA and the alleged neglect through dependency by JGA of both children. FMA [393]*393had been born with breathing problems which necessitated her being placed on an apnea monitor. JGA impeded a respiratory therapist’s attempts to visit FMA in order to obtain readings from the monitor and, finally, admitted to the therapist that she had removed the monitor because she could not stand the monitor’s beeping. FMA was transported by Social Services to University Medical Center and was kept overnight so that tests could be performed to determine if FMA’s breathing problems were persisting.

Investigation by Social Services at that time revealed that JGA had been unemployed for some time and that she and the children had not had stable living conditions since the utilities in their trailer had been cut off the month before. The three of them were, at that time, living with JGA’s mother in a small apartment. The apartment was cramped as JGA’s sister and her two small children were also living there. Because FMA had no bed, she was sleeping on pillows in a closet.

laWhen the tests at the medical center revealed no abnormalities in FMA’s breathing, she was returned to her mother’s care. Social Services provided JGA with a bed and diapers for FMA and arranged protective daycare for both children so that JGA could have time to seek employment.

In the weeks following the previously described incidents, JGA did not find employment and had to discontinue sending the children to daycare because she was unable to pay for the necessities required by the daycare center. Additionally, during this period of time, JGA and her sister were involved in a number of physical altercations, at least two of which required police intervention. Following a fight on February 7, 2002, JGA was arrested and incarcerated in the Lafayette Parish Correctional Center. During the altercation which led to her arrest, JGA sustained a fractured bone in her right hand.

During this period of time, it was also discovered that JGA had been previously diagnosed as suffering from bipolar disorder and placed on medication, but that she had not taken the prescribed medication for the last two years.

Based upon the foregoing facts, the trial court issued an Instanter Order on February 8, 2002, placing the children in the custody of Social Services. At a hearing on February 13, 2002, all parties agreed that the children should remain in the custody of Social Services pending further adjudication. A Court Appointed Special Advocate was named to represent the best interest of the children. A “Child In Need Of Care” hearing was held on March 19, 2002. As a result thereof, the children were adjudicated in need of care, and were continued in the custody of Social Services. Also, a visitation schedule was established and a case plan was instituted for JGA.

A disposition hearing was held on August 20, 2002, wherein custody was ^continued in Social Services. At the January 21, 2003 disposition hearing, the goal of Social Services, in respect to the children, was changed to adoption.

Thereafter, Social Services filed a petition for termination of parental .rights. The parents answered the petition, and after several delays, a hearing on Social Services’ petition to terminate parental rights was held on April 27, 2004. At the conclusion of that hearing, the court took the case under advisement, announcing that the decision would be made the following day. The court terminated parental rights and declared the children free for adoption. JGA appeals.

LAW AND DISCUSSION

Both the United States Supreme Court and the Louisiana Supreme Court [394]*394have recognized that the termination of parental rights is the most serious interference the State can take in regard to a family unit. In State ex rel. J.M., 02-2089, p. 7 (La.1/28/08), 837 So.2d 1247, 1251-52 (footnote omitted), our supreme court discussed in detail the law applicable to termination of parental rights stating the following:

In Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394-95, 71 L.Ed.2d 599 (1982), the United States Supreme Court recognized that natural parents have a fundamental liberty interest in the care, custody, and management of their child and that the natural parents’ interest does not “evaporate simply because they have not been model parents or have lost temporary custody of their child to the State.” The Court went on to acknowledge that, while the State has an “urgent interest” in a child’s welfare and in providing the child with a permanent home, as long as there is reason to believe that a positive, nurturing parent-child relationship exists, the State’s interest must favor preservation over severance of natural familial bonds. Id. at 766, 102 S.Ct. at 1401 (quoting Lassiter v. Department of Soc. Servs., 452 U.S. 18, 27, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981)). Thus, the Court found that parents who are faced with the possibility of forced dissolution of their parental rights must be provided with fundamentally fair procedures in order to ensure that children’s legal bonds are not erroneously severed from fit parents. Id. at 753-54, 102 S.Ct. at 1395.

The supreme court in J.M. also recognized that the gravity of terminating parental rights requires our courts to impose a stricter standard of proof in these cases. |4Rather than utilizing the preponderance of the evidence standard, the State must prove by clear and convincing evidence that the natural parents cannot or will not provide a normal family home for the children.

Although the fundamental rights of the parents to keep and care for their children are to be scrupulously maintained, the rights of the children to a secure, stable, long term relationship are crucial to the equation. “In balancing these interests, the courts of this state have constantly found the interest of the child to be paramount over the parent.” Id., at 1252.

In order to terminate parental rights, La.Ch.C. art. 1015(5) requires the following:

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.

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State ex rel. F.A., 889 So. 2d 391, 4 La.App. 3 Cir. 1046, 2004 La. App. LEXIS 2990, 2004 WL 2806426 (La. Ct. App. 2004).

889 So. 2d 391 (State ex rel. F.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
State in the Interest of S.M.W.
781 So. 2d 1223 (Supreme Court of Louisiana, 2001)