State ex rel. J.F.

249 So. 3d 939
CourtLouisiana Court of Appeal
DecidedApril 11, 2018
DocketNo. 52,095–JAC
StatusPublished
Cited by3 cases

This text of 249 So. 3d 939 (State ex rel. J.F.) 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.F., 249 So. 3d 939 (La. Ct. App. 2018).

Opinion

MOORE, J.

*940The mother, KMF, appeals a judgment that terminated her parental rights to, and certified for adoption, her two minor children, JF and KF. For the reasons expressed, we affirm.

FACTUAL BACKGROUND

On February 1, 2016, the State Department of Children and Family Services ("DCFS") received a report that JF, a little boy born in May 2014, had a bruised and swollen face. JF's mother, KMF, and her boyfriend were the primary caregivers for JF and his baby sister, KF, born in September 2015, but they could not explain how JF got these injuries. KMF submitted to a urine drug screen that was positive for methamphetamine, amphetamine and marijuana, and DCFS found that she had a record of investigations, in 2005 (neglect) and 2011 (threats of harm) with respect to her five older children. DCFS therefore filed an instanter order, which the district court signed on February 2, placing JF and KF in state custody. They have been in state custody ever since.

At the adjudication hearing, in April 2016, KMF and the children's fathers stipulated that JF and KF were children in need of care. A Court Appointed Special Advocates ("CASA") report recommended leaving the children in foster care.

In May 2016, DCFS filed its first case plan, with the goal of reunification. The case plan outlined "action steps" for KMF, including such items as keeping DCFS informed of her whereabouts, having income adequate to meet her family's needs, showing an ability to maintain a safe and clean environment, taking domestic violence counseling at The Wellspring, and taking a substance abuse assessment and random drug screens.

However, in a July 2016 case report, DCFS advised the court that KMF had not been available for home visits, had missed 15 of 17 substance abuse sessions, and had not attended any domestic violence or parenting sessions. The review judgment, signed on July 21, 2016, maintained the prior adjudication, with the stated goal of reunification.

The next case report, in February 2017, asked the court to change the goal to adoption. DCFS advised that it had been unable to find KMF at her reported addresses until mid-December; she was unemployed; she was on probation for a 2014 drug conviction; a hair follicle sample taken in January 2017 tested positive for meth (although a urine sample taken the same day was negative); and she had finally begun domestic violence counseling at The Wellspring in late January. The permanency judgment, signed on February 9, *9412017, gave KMF a "final" extension of 90 days to meet the goal of reunification. The court specifically found that KMF had not cooperated with DCFS, not participated in parenting classes, not completed substance abuse treatment and domestic violence classes, and not obtained income and adequate housing.

DCFS's next case report, in May 2017, again recommended changing the goal to adoption: JF, the little boy, was having serious behavioral problems, but his foster parents were taking him to therapy for ADHD, and he was living with separate foster parents from his sister; KMF had missed most of her scheduled visits with JF and KF between February 2016 and January 2017 (yet she had improved since then); she had dropped out of the drug rehab facility, saying she could "do it on her own"; she moved many times, and DCFS had not been able to visit her latest address, in West Monroe. The review judgment, signed on May 15, 2017, changed the goal to adoption. The court specifically found that KMF had not participated in parenting classes, not completed substance abuse treatment, and not obtained adequate housing.

On July 3, 2017, DCFS filed the instant petition, for involuntary termination of parental rights and certification for adoption. It quoted KMF's case plan, recited the facts outlined above, and sought termination under La. Ch. C. art. 1037 B. The next case report recommended keeping the goal of adoption, and the review judgment, signed on August 23, 2017, adopted this recommendation. The district court specifically found that KMF had not completed all recommended parenting classes, and had not provided safe and clean housing.

A CASA report filed in mid-October concluded that "until very recently" KMF had not made any effort to obtain custody of JF and KF; she was likely to "lend the responsibility" of rearing them to their grandmother, who was already caring for four of KMF's older children; she did not show parenting skills and had no support system; and she was currently back in jail, for failing to pay probation fees. CASA predicted that if JF and KF were returned to KMF, they would have to be removed "very soon," an event that would be "traumatic" to them.

TRIAL EVIDENCE

The matter came for a termination hearing on November 2, 2017. Only two witnesses testified: Sonya Counsel, the CASA foster care worker who had handled the case, and KMF. Ms. Counsel reviewed KMF's case plan, item by item, showing that KMF had totally failed to complete some, was slow to comply with others, and had completed only one, the parenting classes. She added, however, that the instructor at River City Counseling had commented that during these classes, KMF mostly talked about one of her older children, not JF and KF, and the instructor had strongly advised additional sessions, which KMF had not attended. Ms. Counsel also testified that JF and KF appeared to be thriving with their respective foster parents, both of whom had asked to adopt the children.

KMF admitted that she was currently residing at Richland Detention Center, but was set for release in five weeks, and had secured a HUD house in West Monroe for herself and her kids. She said that "as far as I know," she would have a job when she got out, working at a car lot next to her grandmother's dress shop; her grandmother knew the man who owned the car lot. (KMF said she had worked several jobs, but in discovery she produced only two paystubs, from her grandmother's sewing shop, showing that she worked a total of 42½ hours in April 2017.) KMF added that *942she "would like" to take more parenting classes, at River City, and maintained that even though she had dropped out of substance abuse counseling, at Rays of Sonshine, she was still in AA/NA, but alternating between three places (New Attitudes, Keep It Simple, Campus Club), and that was why none of them showed steady attendance. In the event she could not find work, she planned to put JF and KF "on my food stamps," and if the HUD house fell through, she would ask DCFS about getting Section 8 housing.

ACTION OF THE DISTRICT COURT

The court ruled from the bench that Ms. Counsel was credible, and that KMF had done some of the items on her case plan. Overwhelmingly, however, KMF had not complied, and had failed in "the really significant things": relapsing on the drug test, relying on HUD housing instead of stable housing, relying on a grandmother for "very nominal work," and not completing parenting and family services. The court therefore found failure to comply with the case plan, and no reasonable expectation of significant improvement. The court also found that JF and KF were doing exceedingly well with their respective foster parents, who were willing to adopt, and thus termination was in JF and KF's best interest.

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Bluebook (online)
249 So. 3d 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jf-lactapp-2018.