State ex rel. J.W.

72 So. 3d 369, 2011 La. App. LEXIS 828, 2011 WL 2586409
CourtLouisiana Court of Appeal
DecidedJune 29, 2011
DocketNo. 46,526-JAC
StatusPublished
Cited by2 cases

This text of 72 So. 3d 369 (State ex rel. J.W.) 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.W., 72 So. 3d 369, 2011 La. App. LEXIS 828, 2011 WL 2586409 (La. Ct. App. 2011).

Opinion

WILLIAMS, J.

|, Joy Wilson appeals a judgment terminating her parental rights to the minor children, J.W., B.W. and A.W. For the following reasons, we affirm.

FACTS

On January 23, 2009, the Department of Children and Family Services (“the Department”) received a report that the minor child, B.W., had run to the home of his maternal grandmother with a bloody nose after being slapped by his mother, Joy Wilson. The mother and grandmother became involved in a physical altercation and the police were called. Wilson was arrested and the Department was called to investigate. The Department was familiar with Wilson, who had been previously arrested for physical abuse of her children. The most recent incident had occurred just one week earlier. A child protection worker, Maisha Carter, interviewed the minor children, who stated that their parents had been fighting and drinking. The children said that when B.W. began crying and did not stop, Wilson slapped him in the face, causing his nose to bleed. Carter also interviewed Wilson, who denied hitting the child. Wilson said the child’s nose was injured after he ran into the door when leaving the house.

Based on the physical injury to B.W. and the history of domestic violence in the family, the children were thought to be in substantial risk of harm. On January 23, 2009, at the Department’s request, the district court issued an oral instanter order to remove the children from the home and place them in the Department’s custody. The children were placed in foster care and adjudicated in Need of Care. The court approved a case plan with the goal of reunification for the family. However, in May 2010, the [ ^Department filed a petition to terminate the parental rights of Joy Wilson and Charles Ragans for their failure to fully comply with the case plan.

[371]*371The hearing on termination of parental rights was held in November 2010. After hearing the evidence, the trial court issued oral reasons for judgment. The court noted that the children had been in foster care almost two years while their parents were participating in the case plan. The court found that although Wilson had completed the case plan to some degree, the conditions which led to the removal of the children continued to exist, that the parents had not made any substantial improvement in solving the actual problems preventing reunification, including alcohol abuse and physical violence, and that the best interest of the children required a stable home situation. Based on these findings, the court rendered judgment terminating the parental rights of Wilson and Ragans. Wilson appeals the judgment. Ragans did not file an appeal.

DISCUSSION

In two assignments of error, Wilson contends the trial court erred in finding that there was no reasonable expectation of significant improvement in her conduct and that the termination of her parental rights was in the best interest of the children. Wilson argues that the evidence of her completion of the case plan requirements shows that she will be able to adequately care for her children in the foreseeable future.

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. in the Interest of A.C., 93-1125 (La.1/27/94), 643 So.2d 719; tate in the Interest of S.C.M., 43,441 (La.App.2d Cir.6/4/08), 986 So.2d 875. The fundamental purpose of involuntary termination proceedings is the protection 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.1/27/10), 30 So.3d 1085.

To terminate parental rights, the state must prove by clear and convincing evidence the existence of one of the statutory grounds for termination. LSA-Ch.C. art. 1035. Parental rights may be terminated when at least one year has elapsed since a child was removed from the parent’s custody, there has been no substantial parental compliance with a case plan previously approved by the court as necessary for the child’s safe return, and there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future. LSA-Ch.C. art. 1015(5). Once a ground for termination has been established, the court may terminate parental rights upon a finding that termination is in the children’s best interest. LSA-Ch.C. art. 1039; State in the Interest of S.C.M., supra.

The lack of parental compliance with a case plan may be established with evidence of one or more of the following: the parent’s failure to contribute to the cost of the child’s foster care after an order of the court; the |4parent’s repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan; the parent’s lack of substantial improvement in redressing the problems preventing reunification; and the persistence of conditions that led to removal. LSA-Ch.C. art. 1036. The lack of any reasonable expectation of significant improvement in the parent’s conduct in the [372]*372near future may be shown by evidence of any substance abuse that renders the parent incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, or any other condition indicating the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or pattern of behavior. LSA-Ch.C. art. 1036(D).

The issues of parental compliance with a case plan and the reasonable expectation of significant improvement in the parent’s condition or conduct are questions of fact. A trial court’s factual findings will not be set aside in the absence of manifest error. State ex rel. T.J.L.M., 45,517 (La.App.2d Cir.6/23/10), 41 So.3d 1268.

In the present case, Rusty Reed, a child support analyst with the Department, testified that in July 2009, the court ordered Wilson to pay monthly child support of $50 per child. Reed stated that Wilson had not made any payments and that at the time of the hearing her support arrear-age was $2,550. Pat Cover, a social worker with the Department and the case manager for the family, testified that the case plan required Wilson to attend and complete a substance abuse program, parenting classes, anger management classes and to attend a psychological evaluation. Cover stated |fithat Wilson was referred to a licensed counselor, Shelly Booker, for anger management and domestic violence counseling. Cover testified that Wilson completed the parenting classes, but attended only four sessions with Booker and as a result, she failed to complete the domestic abuse counseling requirements of the case plan. Cover stated that although Wilson completed the in-patient substance abuse program at the Pines Treatment Center, she continued to drink alcohol after completing the program and in July 2010, Wilson visited the children with the smell of alcohol on her breath. Cover testified that Wilson had not successfully completed her case plan because her alcohol abuse continued to be a problem and she needed to return to Booker for counseling.

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Related

State ex rel. J.C.
184 So. 3d 805 (Louisiana Court of Appeal, 2015)
State in the Interest of R.J.J. & M.L.J.
Louisiana Court of Appeal, 2012
State ex rel. J.M.L.
92 So. 3d 447 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
72 So. 3d 369, 2011 La. App. LEXIS 828, 2011 WL 2586409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jw-lactapp-2011.