State ex rel. J.T.C.

895 So. 2d 607, 4 La.App. 5 Cir. 1096, 2005 La. App. LEXIS 259, 2005 WL 356457
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2005
DocketNo. 04-CA-1096
StatusPublished
Cited by12 cases

This text of 895 So. 2d 607 (State ex rel. J.T.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.T.C., 895 So. 2d 607, 4 La.App. 5 Cir. 1096, 2005 La. App. LEXIS 259, 2005 WL 356457 (La. Ct. App. 2005).

Opinion

| JAMES L. CANNELLA, Judge.

The natural father, T.C., of 14 year-old JTC and 13 year-old JAC, appeals from a judgment terminating his parental rights. We affirm.

The natural mother, S.S. is a long time substance abuser due to alleged physical disabilities, with a history of neglecting her two children due to her erratic and unstable lifestyle. T.C. abandoned the family in 1996 when the children were toddlers, leaving them with S.S. even though he was aware that she had substance abuse problems. Although he paid some child support afterwards under a court order, he never saw or made contact with the children and was never involved with the care, supervision, or protection of them. Then, in 1998, T.C. was arrested and incarcerated on 3 murder charges. When arrested, he was in arrears for child support in an amount over $4,000. T.C. was convicted and placed on death row in the Louisiana State Prison at Angola.

| ¡¡The Department of Social Services, Office of Community Services (OCS), became [610]*610involved with the family in 2000 because of S.S.’s inability to care properly for the children. In January of 2001, the children were placed with the grandparents. Their grandfather initiated contact between the children and their father who was still on death row, believing that the children should renew their relationship with him. The children did not see their father, but spoke to him and received correspondence. However, after contact with T.C., they began to experience bad dreams and exhibited aggressive behavior that a psychiatric evaluation performed in March of 2001 linked to the contact. Evaluations indicated that contact with their father not only triggered bad dreams and aggressive behavior, but also added to the children’s confusion about who the parental authority was in their lives. S.S. was remarried and the children had been raised with the stepfather. Consequently, the child psychiatrist recommended termination of the children’s contact with T.C.

In August of 2002, S.S. voluntarily placed the children in the custody of their aunt and uncle, their mother’s brother and wife, T.B. and G.B. Six months later, on February 5, 2003, they relinquished custody of the two children to the OCS due to their inability to care for them in light of the children’s emotional problems. On that date, an OCS worker contacted T.C. in prison, asking for the names of any other relatives or friends that might be able to care for the children. He gave the names of his sister, K.N., and her husband in Jackson, Tennessee. However, OCS was unable to find any family member who would take the children. The children were placed in foster care and a case plan for the family was developed with the aim of eventually returning custody to S.S. The children were placed in the home of K.W., their prospective adoptive placement.

|4In March, April and May of 2003, the children were evaluated by a clinical psychologist and given various psychological tests. The evaluation again indicated that termination of contact with T.C. was indicated at that time, as it increased the stress on the children. In April the OCS informed T.C. by letter that the children were in foster care and asked him for an alternative plan. He responded that he knew of no one that could take custody of the children, and asked that, if the children were adopted, that they be adopted together. He asked if he could write to them, but received no response. At that point, he had the address for the caseworker, Shannon Pollett (Pollett), but did not write to her about the children until Septembér, complaining that he was being prevented from writing to the children. She responded in that this was the result of the psychiatric recommendations.

Over the months following the institution of the case plan, S.S. consistently failed to comply with the requirements of the plan, which included among other things, regular scheduled visitations and treatment for substance abuse. She continued to exhibit substance abuse symptoms and failed to make scheduled visits with the children, among other failures. Based on the evaluations indicating that contact with the father was harmful psychologically and the mother’s failure to abide by the case plan, on November 7, 2003, OCS filed a petition to terminate the parental rights of the parents. On November 19, 2003, S.S. voluntarily surrendered her parental rights to both children.

In the petition, the OCS alleged that T.C.’s parental rights should be terminated in accordance with La.Ch.C. art. 1015(6) since he had been incarcerated for five years, three of which were on death row, and because he was unable to provide an appropriate, reasonable plan for the care [611]*611of the children. However, in December of 2003, T.C.’s capital conviction was reversed due to a conflict of | ¡¡interest of his attorney and the case was remanded for a new trial and appointment of new counsel. T.C. was removed from death row, but remained in prison. On December 8, 2003, OCS amended the petition to allege that T.C.’s parental rights should be terminated for abandonment under La.Ch.C. art. 1015(4). OCS claims that T.C. failed to maintain contact with the children or OCS, and/or failed to provide any reasonable alternative plan for the children.

Following a trial on April 12, 2004, the trial judge granted the petition.

On appeal, T.C. first asserts that the judge erred in allowing the Child in Need of Care proceeding to commence without notifying him. Second, he contends that the trial judge erred in not requiring the OCS to place the children with maternal relatives, as requested by him. Third, he assei'ts that the trial judge erred in terminating his parental rights after concluding that he did not have substantial contact with the children or pay child support because there are mitigating circumstances.

At trial, T.C. testified that he knew nothing about the children, their friends or their school progress. He claims that he wrote letters to the children while in prison before going to Angola, but did not save them. However, the children’s uncle, G.B., kept him informed about them. He knew that they were not doing well with S.S. and talked to his sister about taking them prior to their placement with OCS. She refused because she could not handle them financially or mentally. Thus, he knew that she was unlikely to be able to take the children when he gave her name to OCS in February of 2003. He also knew at that time that G.B. and T.B. would not assume custody again. Since then, he has not been able to provide the OCS with any reasonable plan for the children’s placement within the family or with friends.

|Jn respect to his contact with the children, T.C. claimed that he wrote to the children regularly, more than twice after discovering their foster mother’s address in 2003. Copies of some of the letters and cards that he claims he sent to the children were admitted. The copies were dated June of 2001, May, June, September and November of 2002, February 10, 2003 and September 10, 2003. In addition, a letter from him dated February 10, 2002 to the children’s aunt, T. B., and one from T.C.’s long time girlfriend dated August 23, 2003 was introduced into evidence.

T.C. knew that the children were living with S.S. in 2000 and that they were not doing well, but said he did not have regular contact with them because S.S. would not let him. He further claimed that S.S. had prevented him from seeing the children prior to his incarceration. However, he did not make any effort legally to obtain visitation. T.C.

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Cite This Page — Counsel Stack

Bluebook (online)
895 So. 2d 607, 4 La.App. 5 Cir. 1096, 2005 La. App. LEXIS 259, 2005 WL 356457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jtc-lactapp-2005.