State ex rel. K.A.M.

809 So. 2d 206, 2001 La.App. 1 Cir. 0582, 2001 La. App. LEXIS 1655, 2001 WL 701698
CourtLouisiana Court of Appeal
DecidedJune 22, 2001
DocketNo. 2001 CJ 0582
StatusPublished
Cited by3 cases

This text of 809 So. 2d 206 (State ex rel. K.A.M.) 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. K.A.M., 809 So. 2d 206, 2001 La.App. 1 Cir. 0582, 2001 La. App. LEXIS 1655, 2001 WL 701698 (La. Ct. App. 2001).

Opinion

J^PETTIGREW, J.

In this case, the foster parents of K.A.M. appeal the trial court’s judgment vacating the previous adjudication of K.A.M. as a child in need or care and placing K.A.M. in the custody of her paternal grandparents. After a thorough review of the record, we affirm.

FACTS AND PROCEDURAL HISTORY

K.A.M. was born on April 8, 1997, at Earl K Long Hospital. The child was considered to be “high-risk” because her mother had no prenatal care. K.A.M. had to be given oxygen for six days following her birth. On April 17, 1997, tests revealed the presence of cocaine in the child’s system at birth. Consequently, K.A.M. was removed from the custody of her mother, L.M., and placed in foster care with H.W. and M.W. (“foster parents”). At that time, K.A.M.’s paternity had not yet been established.

On April 22, 1997, a hearing was held at which time it was revealed that K.A.M. was her unmarried mother’s fifth child, and the second to be born with cocaine in her system. The custody of the child was continued with the State of Louisiana, through the Department of Social Services, Office of Community Services (“OCS”), and the State was ordered to institute proceedings to adjudicate the child in need of care. K.A.M. was subsequently adjudicated in need of care at a hearing on September 18, 1997, and a judgment was signed accordingly on October 7, 1997. Thereafter, K.A.M. remained in the custody of the State and continued living with her foster parents. During an annual dispositional review hearing on May 4, 1999, it was revealed that the child’s father, J.N., who had been absent since the child’s birth, had acknowledged paternity by a notarial act. After the hearing, the trial court, based on its understanding that the parties had reached an agreement, maintained custody with the State “contingent on the actual physical care and control” of the child being placed with her paternal grandparents.

At a status conference on July 6, 1999, the foster parents who had cared for the child for more than two years petitioned the court seeking an opportunity to be heard and to present evidence concerning the best interests of the child with regard to permanent placement. The trial court set a specific visitation schedule between the foster parents and the paternal grandparents, such that the foster parents would have weekend 13visitations with K.A.M. The court further ordered J.N. to submit to a DNA test to confirm paternity.

At a review hearing on August 6, 1999, the foster parents’ request to be heard and to present evidence was denied. The DNA Parentage Test Report, which was introduced into evidence, revealed a 99.92 percent probability of paternity. Further, a home study dated June 4, 1999, was submitted to the court and introduced into evidence. According to the report, OCS recommended placement of K.A.M. with her paternal grandparents. The OCS worker who had conducted the home study noted that “[she had] observed [K.A.M.] in her interactions with [her paternal grandparents], and [K.A.M.] seem[ed] to be adjusting well with them.” On August 31, 1999, a judgment was signed relieving the [209]*209State of its custody obligation and ordering that the legal care, custody, and control and the physical custody of K.A.M. be granted to her paternal grandparents. The judgment also provided that the foster parents would be granted no visitation rights with the child.

Assigning error to the trial court’s change of custody, its denial of visitation rights to the foster parents, and its denial of the foster parents’ request to be present and to be heard regarding the permanent placement of K.A.M., the foster parents appealed the August 31, 1999 judgment. In an opinion rendered on March 31, 2000, this court reversed the trial court’s denial of the foster parents’ request to be present and be heard and remanded the matter for a hearing. See State ex rel. K.A.M., 99-2570 (La.App. 1 Cir. 3/31/00), 763 So.2d 695.

On July 17, 2000, the trial court conducted a hearing at which the foster parents were present and permitted to be heard in full. Following this hearing, the trial court rendered judgment affirming and readopting the stipulation entered into on May 4, 1999, maintaining K.A.M. in the custody of her paternal grandparents. The trial court further vacated the original judgment of October 7, 1997, that had adjudicated K.A.M. as a child in need of care. A judgment was signed in accordance with the court’s findings on August 9, 2000. It is from this judgment that the foster parents have appealed.

I ¿DISCUSSION

A. THE COURT FAILED TO FOLLOW THE LOUISIANA CHILDREN’S CODE IN CONDUCTING A PERMANENCY HEARING, USED IMPROPER STANDARDS, AND ERRED IN FAILING TO CONSIDER THE 3/25/99 CASE PLAN SUBMITTED FROM OCS.

In their first assignment of error, the foster parents place much emphasis on the fact that the March 25, 1999 OCS case plan was not considered by the trial court at the July 17, 2000 hearing. The foster parents further assert that the trial court did not conduct the hearing in accordance with the principles outlined in the Louisiana Children’s Code, namely Article 702. We find no merit to these arguments.

Pursuant to La. Ch.C. art. 674, “[cjopies of the case plan shall be filed with the court ten days before any scheduled disposition, permanency, or case review hearing.” Further, with regard to the review of case plans, La. Ch.C. art. 677 provides, in pertinent part, as follows:

A. At the disposition hearing, the court shall consider the content or implementation of the case plan and any response filed concerning it. At any other hearing held subsequent to the filing of the case plan, on its own motion or upon motion of any party for good cause shown, the court may consider the content or implementation of the case plan or of any response filed concerning it.

According to the record from the original appeal in the instant cáse, the March 25,1999 case plan was filed into the record at the May 4, 1999 review hearing. At the end of the review hearing, the assistant district attorney indicated his intent to “submit and file the court report and the case plan.” While the case plan was not actually filed into evidence as an exhibit, there is a copy of the court report and case plan along with a cover letter to the trial court dated April 5, 1999. These documents appear in the record with a “FILED” stamp dated May 4, 1999. Thus, although it is clear that the case plan was made a part of the record at the time of the hearing, it is unclear from the record if the case plan was filed with the [210]*210court ten days prior to the hearing as is required by Article 674. Nonetheless, because of our ultimate conclusion on the issue, we find this irregularity to be inconsequential.

When the issue of the March 25, 1999 case plan arose at the July 17, 2000 hearing, the trial court indicated that he did not believe that the case plan was part of the |Brecord from the May 4, 1999 hearing. The trial court further stated that there had been no recommendation by OCS that there be a termination of parental rights as to KA.M.’s parents. However, the trial court did allow counsel for the foster parents to proffer evidence regarding the March 25,1999 case plan.

Janice Harris, a foster care worker with OCS, testified at the July 17, 2000 hearing regarding her involvement with K.A.M.’s case. According to Ms. Harris, at the time of the May 4, 1999 hearing, the case plan for K.A.M. was termination of parental rights and adoption. Ms.

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

Related

W.T.M. v. S.P.
851 So. 2d 55 (Court of Civil Appeals of Alabama, 2002)
Ex Parte WTM
851 So. 2d 55 (Court of Civil Appeals of Alabama, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
809 So. 2d 206, 2001 La.App. 1 Cir. 0582, 2001 La. App. LEXIS 1655, 2001 WL 701698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-kam-lactapp-2001.