State ex rel. L.A.V.

516 So. 2d 1315, 1987 La. App. LEXIS 10817, 1987 WL 2099
CourtLouisiana Court of Appeal
DecidedDecember 2, 1987
DocketNos. 19463-CAJ, 19464-CAJ
StatusPublished
Cited by1 cases

This text of 516 So. 2d 1315 (State ex rel. L.A.V.) 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. L.A.V., 516 So. 2d 1315, 1987 La. App. LEXIS 10817, 1987 WL 2099 (La. Ct. App. 1987).

Opinion

LINDSAY, Judge.

Parents of three minor children appeal from judgments in consolidated cases terminating their parental rights pursuant to LSA-R.S. 13:1601, and freeing the children for adoption.

The father, T.V., and the mother, S.V., make the following assignments of error: (1) the trial court erred in not appointing a curator to represent the parents in their dealings with the Department of Health and Human Resources (DHHR) and thus denying them due process; (2) the trial court erred in finding that the continued custody of the children in foster care was necessitated by the parents’ failure to find a suitable alternative placement; (3) the trial court erred in finding that every reasonable effort had been made to rehabilitate the parents and that these efforts had failed; (4) the trial court erred in finding that there was no reasonable expectation of the parents being rehabilitated; (5) the trial court erred in finding that the services offered by the state were rejected; and (6) the trial court erred in finding that expert testimony established that termination of parental rights and adoption are in the best interest of the children.

Finding these assignments of error to have no merit, we affirm the trial court judgment.

FACTS

T.Y. and S.Y., who are both mentally retarded, are the parents of four children. A judgment terminating their parental rights as to their oldest daughter was affirmed by this court in State in the Interest of C. V. v. T. V., 499 So.2d 159 (La.App. 2d Cir.1986), writ denied 500 So.2d 411 (La. 1986). The present litigation concerns the three youngest children: L.A.V., a daugh[1317]*1317ter, born on January 26, 1983; S.A.Y., a daughter, born on October 4, 1984; and T.J.V., a son, born on November 19, 1985. Both daughters were removed from their parents’ custody on October 4, 1984, and were adjudicated children in need of care on October 22, 1984. Their brother was removed from parental custody on December 13,1985, and he was adjudicated a child in need of care on February 24,1986. Petitions for termination of parental rights pursuant to LSA-R.S. 13:1601 were filed as to the daughters on November 7, 1986 (No. 19,463-CAJ); and as to the son on December 8, 1986 (No. 19,464-CAJ). All three children had been in foster care since removal from their parents’ custody.

Because of their mental retardation and lack of parenting skills, the parents had long been receiving various forms of assistance from state agencies to assist them in caring for their children. Numerous meetings had taken place between the parents and representatives of the state agencies at which discussions were held and goals were set to assist the parents in fulfilling their parental roles in the care of their children. Service plan contracts were entered into in which the parents agreed to take the recommended steps necessary to achieve better child care for their children. Social workers from the Office of Human Development periodically checked on the family, as did public health nurses. Peggy St. Julian, their social worker from July, 1984 to August, 1985, went to their house twice a month to work with the parents on achieving goals set in their service plan contracts. Mary Thompson Mills, a program supervisor for Evergreen Community Service, was also involved in the efforts to teach the parents independent living skills. She often tried to be present at the same time as the homemaker from one of the state services, who tried to teach S.V., the mother, how to care for the children and how to clean house.

Ms. St. Julian and Ms. Mills testified and described the unsanitary condition of the family’s wooden house, which was owned by the father of T.Y. It had no bathtub or hot water heater, and raw sewage ran from under the house into the yard. Ms. Mills said that there were roaches in the refrigerator and that dirty clothes which smelled of urine lay about. She also said that the mother, S.V., was often confused and unable to remember instructions. Furthermore, S.V. was herself lacking in personal hygiene. Ms. Mills testified that it was difficult to teach S.V. to care for herself, much less the children. Even L.A.V.’s hair smelled of urine.

On October 4,1984, Ms. Mills went to the family’s home and found S.V. there alone with L.A.V., who was about eighteen months old. Ms. Mills determined that S.V., who was in an advanced stage of pregnancy with the couple’s third child, was in fact in labor. S.V. was able to describe how she felt, but was unaware that she was in labor. Ms. Mills took S.V. to the hospital, where S.A.V. was born. Both the baby and L.A.V. were taken from their parents’ custody that day. These children were placed in the custody of DHHR pursuant to the judgment rendered on October 22, 1984.

After these two children were removed, Ms. St. Julian continued her visits to the family home. The father, T.V., made efforts to repair some of the deficiencies in the house, such as repairing the roof and fixing a hole in the hall floor. The parents refused transportation services to take them to visit the children. Ms. St. Julian suggested that urban housing be considered, but T.V. refused, stating that he wanted to stay near his parents who lived in the same neighborhood. In general, she perceived an inability to learn child rearing skills.

Mr. Watson Armstrong later became the case worker on the family’s file. He began working with the family within days of the birth of their fourth child, T.J.V. The baby was born at home and was then transferred to a hospital with his mother. Before they were released from the hospital, Mr. Armstrong went to inspect the family [1318]*1318home. He found that the condition of the house had improved. It appeared clean and he did not see any bugs. However, the hot water heater and the bathtub had not been installed, and the problems with the raw sewage continued.

On December 13, 1985, Mr. Armstrong received a call from the health unit. Nurse Debbie Vogel had been to the house. T.V. was not at home. The nurse found S.V. alone with T.J.V. The infant was propped up with a bottle in his mouth. The nurses had previously instructed S.V. not to leave the child with his bottle in this manner. He was soaking wet, his diaper obviously unchanged for a long period of time. The house was cold and there was no formula prepared for the child. The nurses had to assist S.V. in preparing the bottles and the formula, despite prior demonstrations on how to perform these activities. Not only did S.V. not know how to properly hold the baby, she was unable to properly take her own medication.

In response to Nurse Vogel’s report, Mr. Armstrong immediately went to the house. He found the child lying on a sofa sucking on an empty bottle. S.V. was sitting on another sofa. T.V. still had not returned and S.V. did not know where he was. The child was taken from his parents’ custody that night and placed in foster care. His custody was granted to DHHR by the judgment of February 24, 1986.

Mr. Armstrong said that he made three to four visits to the family home after February, 1986. While the condition of the house was better, the problems with the raw sewage and the lack of hot water remained. At their last conference, T.V. told him to do what was best for the children, even if it meant adoption, just so long as he and S.V. could stay together.

Although the petitions for termination of parental rights were drafted in terms of LSA-R.S.

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Bluebook (online)
516 So. 2d 1315, 1987 La. App. LEXIS 10817, 1987 WL 2099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lav-lactapp-1987.