State ex rel. J.M.L.

92 So. 3d 447, 2012 WL 1205857
CourtLouisiana Court of Appeal
DecidedApril 11, 2012
DocketNos. 47,201-JAC, 47,202-JAC
StatusPublished
Cited by13 cases

This text of 92 So. 3d 447 (State ex rel. J.M.L.) 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.M.L., 92 So. 3d 447, 2012 WL 1205857 (La. Ct. App. 2012).

Opinion

LOLLEY, J.

11The defendant, C.L., appeals the judgment of the 2nd Judicial District Court, Parish of Jackson, State of Louisiana, terminating her parental rights as to her minor children, J.L. and A.L. For the following reasons, we affirm the trial court’s judgment.

Facts

In September 2008, the Louisiana Department of Children and Family Services (the “Department”) received and validated a report of Dependency by G.L. regarding her child, J.L., born February 16, 2007. A family services case was opened by the Department in order to provide services to C.L. and avoid removal of the child. On March 11, 2009, C.L. gave birth to her second child, A.L., who was born with a congenital heart condition and clubbed feet. C.L. moved to Jonesboro, Louisiana with her mother. Ultimately, A.L. was hospitalized at New Orleans Children’s Hospital for failure to thrive and began to gain weight after a feeding tube was surgically implanted.

In June 2009, A.L. was removed from C.L.’s custody, because it was believed that C.L. could not adequately care for the child. A.L. was adjudicated a Child in Need of Care by stipulation on July 8, 2009.

In August 2009, C.L. reported to the Department that her food stamp case had been closed, and she had no food. The Department conducted an inspection of her home — C.L. and J.L. were not home, but her mother, Sherry Gough, showed the Department case worker the home. The case worker discovered not only was there a lack of food, but the home was unsanitary and disorganized. The case worker observed dog feces in the living area | ^and in C.L.’s bedroom. The home was littered with cigarette butts, clothes, and other household items. The case worker told Gough that the home would need to be cleaned, and she and C.L. were given one week to do so. When the case worker returned the next week, the house was cleaner, but there was no substantial food in the house, only popsicles. The Department was informed that J.L. was staying with his “godparents,” John White and Susanne Gatlin, because there was no food in the home. After running a background check on White and Gatlin, the Department learned that Gatlin had a significant history with the Department.

[449]*449On August 14, 2009, J.L. was removed from C.L.’s custody and placed in the state’s custody due to the concern that she could not adequately care for the child. On September 9, 2009, J.L. was adjudicated a Child in Need of Care by stipulation, and in October 2009, the children’s cases were consolidated.

In October 2009, J.L.’s father executed a voluntary act of surrender regarding his parental rights, which was approved by the trial court. In September 2010, A.L.’s father executed a voluntary act of surrender regarding his parental rights, which was also approved by the trial court.

Initially, the trial court approved a case plan with a goal of reunification of the children with their mother. However, after several case plans, in October 2010, the Department filed its Petition for Termination of Parental Rights and Certification of Minor Children for Adoption. In that petition, the Department alleged that:

13* C.L. had failed to substantially comply with her case plans;
• C.L. was unable to demonstrate substantial improvement in redressing the problems preventing reunification after receiving services;
• the Department did not foresee any reasonable expectation of significant improvement in C.L.’s conduct or condition; and
• C.L. failed to provide significant contributions to the care and support of the children during the time they were in the custody of the Department, nor did she have significant contact with them by visits or communications.

At the May 4, 2011 Permanency Hearing, the trial court approved a change of the goal from reunification to adoption of the children, although C.L. was still receiving services.

The termination of parental rights hearing was conducted in September 2011, and after hearing evidence on the matter, the trial court took the case under advisement. Up until that point, the trial court had considered and approved five case plans for the care of the children and services to C.L. A judgment was entered subsequently terminating C.L.’s parental rights to her children, J.L. and A.L., freeing the children for adoption. This appeal by C.L. ensued.

Discussion

On appeal, C.L. raises one assignment of error, arguing generally that the trial court erred in terminating her parental rights as to J.L. and A.L. Specifically, C.L. submits that the trial court was in error in its judgment for |4three reasons: (1) she was unable to provide significant contributions to her children’s care and support, because she is indigent; (2) there was no evidence that she failed to maintain contact with the children for six consecutive months; and (3) there was insufficient evidence that she failed to substantially comply with the Department’s case plan. In this case, we find that the Department proved by clear and convincing evidence that C.L. had failed to substantially comply with the Department’s case plan, meeting the requirement of proving at least one of the statutory grounds for termination under La. Ch. C. art. 1015.

A parent has a constitutionally protected liberty interest in establishing and maintaining a meaningful relationship with his or her children, including the companionship, care and custody of the children. State in the Interest of A.C., 1993-1125 (La.01/27/94), 643 So.2d 719, cert. denied, 515 U.S. 1128, 115 S.Ct. 2291, 132 L.Ed.2d 292 (1995); State ex rel. S.C.M., 43,441 (La.App.2d Cir.06/04/08), 986 So.2d 875. The fundamental purpose of involuntary termination proceedings is the protec[450]*450tion of a child whose parents are unwilling or unable to provide adequate care for his physical, emotional, and mental health needs by providing an expeditious judicial process to terminate parental rights and to achieve stability for the child. The primary concern of the courts and the state is to secure the best interest of the child, including termination of parental rights if justifiable grounds exist and are proven. State ex rel. R.L.T. and S.A.T., 45,168 (La.App.2d Cir.01/27/10), 30 So.3d 1085.

|5To terminate parental rights, the state must meet the onerous burden of proving one of the statutory grounds for termination set forth in La. Ch. C. art. 1015 by clear and convincing evidence. La. Ch. C. art. 1035(A); State ex rel. B.H. v. A.H., 42,864 (La.App.2d Cir.10/24/07), 968 So.2d 881. Proof by clear and convincing evidence requires a showing that the existence of the disputed fact is highly probable, meaning more probable than its nonexistence. State in Interest of K.D., 586 So.2d 692 (La.App. 2d Cir.1991). Once a ground for termination is established, the trial court may terminate parental rights if termination is in the best interest of the child. La. Ch. C. art. 1037(B); State ex rel. B.H. v. A.H., supra.

The issue of parental compliance with a case plan, the parent’s expected success of rehabilitation, and the expectation of significant improvement in the parent’s condition and conduct are questions of fact in a proceeding for termination of parental rights. State ex rel. C.M.M. v. T.P.M., 42,238 (La.App.2d Cir.05/09/07), 957 So.2d 330.

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Bluebook (online)
92 So. 3d 447, 2012 WL 1205857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jml-lactapp-2012.