State ex rel. J.T.

58 So. 3d 1015, 2011 La. App. LEXIS 266, 2001 WL 36293544
CourtLouisiana Court of Appeal
DecidedMarch 2, 2011
DocketNo. 46,174-JAC
StatusPublished
Cited by4 cases

This text of 58 So. 3d 1015 (State ex rel. J.T.) 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.T., 58 So. 3d 1015, 2011 La. App. LEXIS 266, 2001 WL 36293544 (La. Ct. App. 2011).

Opinion

PEATROSS, J.

|2S.T. appeals from a trial court judgment terminating her parental rights to her child, J.T. The State of Louisiana and the Department of Children and Family Services appeal from the portion of the trial court judgment declining to terminate the parental rights of the child’s father, J.C. For the reasons stated herein, we affirm.

FACTS

In December 2008, J.T. was born, and shortly thereafter, placed into the custody [1017]*1017of the State of Louisiana, Department of Social Services, Office of Community Services (currently, Department of Children and Family Services) (“DCFS”). Both of J.T.’s parents were incarcerated at the time of his birth. In March 2009, the child was adjudicated a child in need of care and was continued in the custody of DCFS, but was physically placed in the home of his paternal aunt, L.C.

J.T.’s mother, S.T., whose parental rights to two other children have been terminated, was ordered to complete a case plan when she was released from prison with the goal of reunification with the child. J.T.’s father, J.C., who is incarcerated, was also ordered to participate in a case plan. J.C. is scheduled to be released from prison in February 2011. During the period of time in which his parents were ordered to complete the aforementioned case plans, J.T. was removed from his paternal aunt’s home and placed in, and then removed from, several different foster homes until he was ultimately placed in foster care with the Pittman family, where he currently remains.

In early May 2010, at a case plan review/permanency hearing, DCFS changed the goal for J.T. from reunification with his biological parents to adoption. DCFS filed a petition for the termination of the parental rights of both parents shortly thereafter. A trial was held in the matter in September 2010. As previously stated, the trial judge terminated the parental rights of the child’s mother, S.T., but did not terminate the parental rights of the father, J.C. In his written judgment, the trial judge stated that the father had been incarcerated during the majority of the child’s life and should be given an opportunity to “remediate on his release from prison” in February 2011.

IsS.T. appeals the portion of the trial judge’s ruling terminating her parental rights. The State and DCFS appeal the portion of the trial judge’s ruling declining to terminate the parental rights of J.C.

DISCUSSION

A. Termination of Parental Rights of Mother

In her sole assignment of error, S.T. argues that the trial judge manifestly erred when he terminated her parental rights after finding that the requirements of La. Ch. C. art. 1021 had been met. According to S.T., she was absent from trial because she did not receive proper service of process giving her notice of trial and her trial counsel was denied a continuance to secure her presence. As a result, S.T. argues that the trial court judgment terminating her parental rights should be vacated and the matter remanded.

La. Ch. C. art. 1021 provides:

If a parent against whom a proceeding is instituted resides within the state, service of citation shall be made either personally or by domiciliary service not less than five days prior to commencement of the hearing on the matter.

A review of the record reveals that the citation and service of the petition for involuntary termination of parental rights was served on S.T., via domiciliary service, on June 2, 2010, as indicated by the sheriffs return which has been supplemented into the record. S.T. did not personally attend the hearing in answer; however, she appeared through her attorney of record and entered a general denial to the petition without making objection as to service and citation of the petition. When trial of the matter was ultimately set for September 8, 2010, S.T. received citation and service of the trial date via personal service on August 5, 2010, as indicated by the sheriffs return which has been supplemented into the record. S.T. had more [1018]*1018than a month’s notice prior to trial and simply failed to attend.

Given these circumstances, we see no error in the trial judge’s decision to deny the continuance requested by S.T.’s counsel on the day of the trial in order to secure S.T.’s presence. Further, we find that S.T. received adequate citation and service of process for all relevant proceedings in this matter in accordance with La. Ch. C. art. 1021.

This assignment of error is without merit.

B. Termination of Parental Rights of Father

IJDCFS alleges in its three assignments of error that the trial judge erred in declining to terminate the parental rights of J.T.’s father, J.C. The State fully adopts all arguments briefed by DCFS on behalf of the child.

In support of its position, DCFS first asserts that J.C. has failed to substantially comply with his court-ordered case plan and that there is no reasonable expectation of significant improvement in his conduct in the near future. Accordingly, the statutory requirements for termination of J.C.’s parental rights under La. Ch. C. art. 1015(5) have been met. Second, DCFS points out that J.C.’s prison sentence, which is in excess of five years, has rendered him incapable of caring for or supporting J.T. and has prevented him from ever providing a plan of care for the child. Thus, the statutory requirements for termination of parental rights under La. Ch. C. art. 1015(6) have also been met. See also La. Ch. C. art. 1036(E). Finally, DCFS contends that, in accordance with La. Ch. C. art. 1037(B), it is in J.T.’s best interests that J.C.’s parental rights are terminated so that J.T. will be freed for adoption by his foster family, the Pitt-mans.

In response, J.C. argues that the trial judge did not manifestly err in declining to terminate his parental rights at this time, thereby allowing him an opportunity to “remediate” and complete a case plan with J.T. after he is released from prison in February 2011. We agree.

Children whose parents are unwilling or unable to provide adequate safety and care to meet their needs are protected by Title X of the Louisiana Children’s Code which provides a judicial process for the termination of parental rights and for certifying the child for adoption. La. Ch. C. art. 1001; State ex rel. A.R.H. v. Hines, 35,800 (La.App.2d Cir.2/27/02), 810 So.2d 1166.

In termination proceedings, courts must balance the two private interests of the child and the parents. State ex rel. A.R.H. v. Hines, supra. It is well established that a parent has a constitutionally protected liberty interest in establishing and maintaining a meaningful relationship with his or her children. State in Interest of A.C., 93-1125 (La.1/27/94), 643 So.2d 719; State ex rel. B.H. v. A.H., 42,864 (La.App.2d Cir.10/24/07), 968 So.2d 881. The child has a profound interest, often at odds with those of his parents, in terminating parental rights that prevent adoption and inhibit | ^establishing stable, long-term relationships found in a home with proper parental care. State ex rel. G.J.L., 00-3278 (La.6/29/01), 791 So.2d 80; State ex rel. A.R.H. v. Hines, supra.

In balancing these interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. N.B.
248 So. 3d 532 (Louisiana Court of Appeal, 2018)
State ex rel. J.C.
184 So. 3d 805 (Louisiana Court of Appeal, 2015)
State ex rel. L.D.
92 So. 3d 454 (Louisiana Court of Appeal, 2012)
State ex rel. K.R.M.
86 So. 3d 51 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
58 So. 3d 1015, 2011 La. App. LEXIS 266, 2001 WL 36293544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jt-lactapp-2011.