State ex rel. J.C.

184 So. 3d 805, 2015 La. App. LEXIS 2565, 2015 WL 8953887
CourtLouisiana Court of Appeal
DecidedDecember 16, 2015
DocketNo. 50,550-JAC
StatusPublished

This text of 184 So. 3d 805 (State ex rel. J.C.) 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.C., 184 So. 3d 805, 2015 La. App. LEXIS 2565, 2015 WL 8953887 (La. Ct. App. 2015).

Opinion

CARAWAY, J.

| t After the two minor children remained two-and-one-half years in state custody, the trial court terminated the parental rights of the mother. She has appealed the judgment. For the following reasons, we affirm.

Facts

By Instanter Order dated January 28, 2013, one-year-old J.S. (born February 5, 2011) and three-year-old J.C. (born November 4, 2009), were removed from the [807]*807custody of-their mother,-S.S.,-and placed into the care and custody of the Louisiana Department of Children and Family Services (DCFS),' The investigation revealed that J.C.'reported that the boyfriend of S.S.had thrown J.S. against a wall, breaking his left wrist .and lacerating his head. S.S.did not believe the allegation, instead surmising that J.S. had jumped off of a couch. The children were placed with their maternal grandmother and her boyfriend.

The boys were adjudicated children in need of care on April 18, 2013. A case plan was filed by DCFS with a permanent plan of reunification concurrent with adoption. The case plan required S.S. to attend parenting classes, be available for monthly visits by DCFS, allow two visits in her home to .assure adequate food, clothing and utilities, and receive mental health and substance abuse assessments.

By June of 2013, S.S. had not maintained a home and did not have a job. Her mental health assessment diagnosed S.S.with Cannabis Dependence and Depressive Disorder, for which S.S. was not taking her prescribed medications. Other than two parenting classes, S.S. did not 12attend mental health services or domestic violence counseling. While she attended a substance abuse needs 'assessment on April 26, 2013, she failed to follow up with outpatient substance abuse treatment. S.S.concedes her initial failure in complying with the case plan.

On January 30, 2014, the permanent goal for the boys was changed to adoption. On May 7, 2014, the children were removed from the home of S.S.’s mother after her boyfriend battered her.- The children were placed , into certified foster care. On May 16, -2014, DCFS learned that-S.S. was pregnant, with, her third child, due in. August of 2014.1 It was at this point that S.S. began to partially comply with her case plan. She completed domestic violence counseling in June of 2014. She consistently visited with her boys, completed a mental health assessment in October of 2014, provided proof of income and employment in November of 2014, and proof of child support payments. In July of 2014, S.S. completed a substance abuse assessment and had a negative drug screen at the end of July.

Nevertheless, on July 30, 2014, DCFS filed a Petition to Terminate Parental Rights2 on the grounds that- there had been no substantial compliance with a case plan or reasonable expectation of significant improvement for the parent’s condition or conduct under La. Ch.C. art. 1015(5). Partially because of S.S.’s progress in compliance with her plan, the Isoriginal hearing on the motion to terminate parental rights was continued on October 16, 2014, for 45 days3 to allow S.S. more time.

On October 23, 2014, S.S. tested positive for Amphetamine and Methamphetamine. On November 13, 2014, a hair follicle tested positive for Amphetamine and Opiates; the confirmed drugs in her system were Amphetamine, Hydrocodone, Methamphetamine and Oxycodone. A follow-up drug screen on January 16, 2015, was positive for Amphetamine and Methamphetamine.

[808]*808In February of 2015, S.S. began attending an Outpatient Day Program for her drug abuse. In March of 2015, S.S. became unemployed. By April 17, 2015, she was recommended for a more intensive outpatient program due to her continued drug use. She began this program on April 20, 2015, attending 12 group sessions between that date and May 12, 2015. Negative drug screens were collected on April 21 and 28. However on May 6, 2015, a urine drug screen tested positive for Methamphetamine. S.S. was then recommended for inpatient treatment with a referral sent to a recovery center. Ultimately, S.S. declined to receive inpatient treatment. As of June 10, 2015, S.S. did not follow up with the recovery center nor participate in a drug screen. By June of 2015, S.S. was living with the father of her third child.

On June 4, 2015, the termination hearing began. The hearing was recessed until July 16, 2015, and completed on August 17, 2015. During these proceedings, Stephanie Marshall, a licensed professional counselor, | ¿testified. In February of 2015, she conducted a drug addiction assessment of S.S.and recommended outpatient day treatment which S.S. attended. Because of positive drug screen results, however, Marshall recommended intensive outpatient treatment for S.S. in April of 2015. S.S.was moved into another program with Eric Brown.

Brown testified that S.S.’s attendance in his program in April 2015 was “good.” However, after three weeks, S.S. got a positive screen. Accordingly, Brown recommended inpatient treatment for S.S. on May 12, 2015. Brown testified that a Methamphetamine addiction can be very difficult to overcome “given its effect on the neurological system and the brain function.” According to Brown, the goal of rehabilitation is to establish abstinence long enough to be successful, and ultimately- total abstinence is desired. He explained that inpatient treatment programs last up to 24 days. Brown followed up on whether S.S. had entered inpatient treatment and learned that she had not. Although she had been cleared for admission, the facility was not able to reach S.S. Ultimately, although S.S. agreed to continue in Brown’s program, she refused to go to what she called “rehab.” Brown’s last face-to-face contact with S.S. was on May 12, 2015.

S.S.testified that she was honest about her drug screens and admitted up front that she would fail her tests. She acknowledged her positive drug screens in early April and May of 2015, and admitted using “Meth” a “few weeks ago,” after the May 6 positive drug screen. S.S. testified that she did not want to go to a recovery facility and stated that “just because you put me | fiaway for 21 days,” does not mean “that I’m just gonna be cured for the rest of my life.”

S.S.testified that she began to use Methamphetamine around Christmas of 2014, through the middle of May 2015. She denied using marijuana at the time of her testimony and had attended four “AA’s since February” of 2015, even though it was recommended that she go more frequently. At the time of her testimony in June of 2015, S.S. was living with her boyfriend, who had gotten out of jail in March. She testified that from August 2014 until May 2015, she had established a residence. She was not employed but worked odd jobs and her mother helped to pay her bills. Her last court-ordered child support payment was in March of 2015. She was able to catch up her payment because of her income tax refund.

S.S.had attended two parenting classes, but conceded her lack of plan compliance in 2013. S.S. admitted her drug problem [809]*809and refusal to attend inpatient rehabilitation. At. the time of her August 2015 testimony, on the final .hearing date, S.S. indicated that she was willing to attend the inpatient facility and stated her desire to be reunited with her children. S.S. testified that she was employed by a restaurant and worked 40 hours per week since mid-July. .Her child support payments were garnished from her check and indicated her ability to support her children on her salary. S.S.

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Bluebook (online)
184 So. 3d 805, 2015 La. App. LEXIS 2565, 2015 WL 8953887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jc-lactapp-2015.