State ex rel. J.K.G.

118 So. 3d 10, 11 La.App. 3 Cir. 908, 2012 WL 130556, 2012 La. App. LEXIS 21
CourtLouisiana Court of Appeal
DecidedJanuary 11, 2012
DocketNo. 11-908
StatusPublished
Cited by10 cases

This text of 118 So. 3d 10 (State ex rel. J.K.G.) 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.K.G., 118 So. 3d 10, 11 La.App. 3 Cir. 908, 2012 WL 130556, 2012 La. App. LEXIS 21 (La. Ct. App. 2012).

Opinion

KEATY, Judge.

|tIn this involuntary termination of parental rights case, the trial court found that an incarcerated father of two minor children who were in the State’s custody had been given numerous chances to work his case plan, visit with his children, and provide some amount of support for them and that, ultimately, the father chose not to take advantage of those opportunities. On the State’s motion, and after a hearing, the trial court terminated the father’s parental rights. The father appeals that judgment. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On November 20, 2008, a caseworker discovered J.K.G. and J.L.G. asleep on the floor inside the front door of their mother’s home, without blankets or clothing, even though it was cold outside. The mother was not home. The caseworker asked the mother’s roommate where the children’s clothes or diaper bags were and was told that they did not have any; they only had the diapers they were wearing and their clothing was soiled with urine. They had been left with the mother’s roommate for over twenty-four hours without clean clothes, diapers, baby wipes, or ointment for diaper rash. The caseworker noticed that the older child had a diaper rash that rendered him nearly unable to walk. Both children had bruises and abrasions on their bodies, dirty fingernails and toenails, and smelled like urine.

An oral instanter order was obtained at 1:20 a.m. on November 21, 2008, and the children were taken into the State’s custody. They were adjudicated children in need of care on January 27, 2009. The parents, S.K.G. and V.M.G., were served with that judgment to which a case plan seeking permanency through reunification was attached. The judgment also contained informative paragraphs explaining that a petition to terminate their parental rights could be filed if they [2failed to comply with the requirements of the case plan. Counsel was appointed for each of the parents and for the minor children through the Fifteenth Judicial District Public Defender’s Office. A review hearing was set for May 19, 2009.

The trial court ultimately conducted four review hearings, and, during that time, the case plan changed from reunification to freeing the children for adoption, as neither parent had made significant efforts at working their plans. On November 29, [13]*132010, the State filed a petition for termination of parental rights and certification for adoption, alleging that it would be in the best interest of the minor children to terminate their parents’ parental rights pursuant to La.Ch.Code art. 1015(4), (5), and (6).

The termination hearing began on February 15, 2011. At that time, the caseworker indicated that the mother had taken some steps toward completing her case plan and that she wanted to reunify with her children. The mother was not present at the hearing because she had transportation problems that morning. The trial court recessed the hearing until May 3, 2011, because the mother had made efforts at working her case plan and was only absent because of transportation issues.

The father, S.K.G., was present at the May 3, 2011 hearing. At the May 3 hearing, the caseworker testified that the mother no longer wanted to reunify with her children and had expressed a desire to surrender her parental rights, but had not completed that process. The mother’s attorney indicated that her client, who was not present at the hearing, wanted her parental rights to the minor children terminated. S.K.G.’s attorney argued that S.K.G. wanted his children and was shocked because he thought the mom was going to work her case plan to keep custody of the children.

|aThe caseworker testified that S.K.G. was incarcerated, and although he had indicated to her that he would be released at the end of December 2011, his probation officer indicated that he was sentenced to serve three years beginning on August 16, 2010. She further testified that S.K.G. had been issued a case plan requiring him to maintain housing and employment and participate in a substance abuse treatment program and a parenting program. During the two and one-half years that the children were in the State’s custody, S.K.G. had not maintained stable housing, as he had been incarcerated for the majority of that time. She testified that even when S.K.G. was released from jail, he “did not participate or complete any of the components of his case plan” and “[h]e did not contact the agency to work any component or receive assistance to his case plan component.” Although he was in a work release program at the time of the hearing, he had not paid parental contributions to the children and had only visited with the children twice during the pendency of the case: once in November 2009 and once before the May 3 hearing. He did not make any attempts to visit with the children during the time periods that he was out of jail.

When he was presented with a TPR-2, indicating that the agency was moving towards termination, S.K.G. provided the agency with the names of two potential placements, his mother and his sister, but neither returned the agency’s calls concerning the children. The caseworker testified that she told S.K.G. that neither his mother nor his sister returned her calls after a February 15, 2011 hearing, and he did not provide her with the names of any other potential placements. She testified that S.K.G. indicated that he could not work his case plan while in jail but that he planned to begin working it once he was released. She further testified that the children ran up and hugged their father when they saw him before the May 3 hearing.

|4FinaIIy, the caseworker indicated that the children’s foster parent, who is also an adoptive placement, was open to “continued contact according to the agency’s guidelines” between the children and their biological parents.

The trial court decided to terminate S.K.G. and V.M.G.’s parental rights. In its [14]*14oral reasons for ruling, the trial court stated:

And with regards to the dad, I mean, I think these children are also entitled to have resolution in their life; and this has been going on for many years now. The father has had opportunities on several occasions to become involved in their life, to do visits, to work a case plan. He has chosen not to do so; and based on that, the Court is going to terminate his parental rights at this time.

On May 24, 2011, the trial court signed a judgment that terminated the parental rights of the minor children’s parents, S.K.G. and V.M.G., finding that they failed to substantially comply with their case plan for services, failed to provide significant contributions to their children’s care and support for a consecutive six-month period, that there was no reasonable expectation of significant improvement in the parents’ condition or conduct in the near future, and that termination of the parents’ parental rights is in the best interest of the minor children.

S.K.G. appeals, asserting two assignments of error for our review: 1) the trial court erred in finding that the State proved, by clear and convincing evidence, that S.K.G. was able to comply with the case plan but voluntarily had not done so, and that his incarceration would prohibit him from caring for the minor children for an extended period of time, and 2) the trial court erred in determining that the termination was in the best interest of the minor children.

^STANDARD OF REVIEW

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Cite This Page — Counsel Stack

Bluebook (online)
118 So. 3d 10, 11 La.App. 3 Cir. 908, 2012 WL 130556, 2012 La. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jkg-lactapp-2012.