State ex rel. J.B.

138 So. 3d 808, 13 La.App. 3 Cir. 1428, 2014 WL 1615872, 2014 La. App. LEXIS 1096
CourtLouisiana Court of Appeal
DecidedApril 23, 2014
DocketNo. 13-1428
StatusPublished

This text of 138 So. 3d 808 (State ex rel. J.B.) 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. J.B., 138 So. 3d 808, 13 La.App. 3 Cir. 1428, 2014 WL 1615872, 2014 La. App. LEXIS 1096 (La. Ct. App. 2014).

Opinion

GREMILLION, Judge.

I ]The mother, J.N., appeals the trial court’s judgment terminating her parental rights to J.B.1 For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

J.B. was born in March 2011, with cocaine in his system. J.B. was removed from J.N.’s custody pursuant to an instanter order, and was later adjudicated in need of care in May 2011. The State of Louisiana, through the Department of Children and Family Services (DCFS), filed a Petition for Termination of Parental Rights and Certification for Adoption on February 4, 2013. The trial court terminated J.N.’s rights to J.B. on April 22, [810]*8102013, from which a judgment issued on June 13, 2013. J.N. now appeals.

ASSIGNMENTS OF ERROR

J.N. assigns as error:
1. Whether the trial court erred in granting judgment in favor of the State of Louisiana terminating the parental rights of [J.N.] to the minor child, J.B.?
A. Whether the evidence adduced at trial on the motion to terminate parental rights showed a lack of substantial compliance with the case plan for services, which had been previously filed by the department and approved by the court as necessary for the safe return of the child;
B. Whether the evidence adduced at trial on the motion to terminate parental rights showed that despite earlier intervention, there was a reasonable lack of 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; and
C. Whether the evidence adduced at trial on the motion to terminate parental rights showed that the State had met its statutory obligation to remove the impediments to I ¡reunification prior to seeking termination of parental rights?

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 County, 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 of 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, including 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 [811]*811the most drastic actions the State can take against its citizens.

|sId at 811 (citation omitted).

We will not reverse the trial court’s determination regarding the termination of parental rights will not unless it is manifestly erroneous or clearly wrong. In re V.F.R., 01-1041 (La.App. 8 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.
(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.
14(7) The persistence of conditions that led to removal or similar potentially harmful conditions.

The trial court’s judgment stated that it found by clear and convincing evidence that J.N.’s rights should be terminated because:2

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Related

Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
State, in Interest of Jk
702 So. 2d 1154 (Louisiana Court of Appeal, 1997)
State, in Interest of Sm
719 So. 2d 445 (Supreme Court of Louisiana, 1998)
State ex rel. J.A.
752 So. 2d 806 (Supreme Court of Louisiana, 2000)
State ex rel. V.F.R.
815 So. 2d 1035 (Louisiana Court of Appeal, 2002)

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Bluebook (online)
138 So. 3d 808, 13 La.App. 3 Cir. 1428, 2014 WL 1615872, 2014 La. App. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jb-lactapp-2014.