State ex rel. L"F"B

796 So. 2d 916, 1 La.App. 3 Cir. 536, 2001 La. App. LEXIS 2136, 2001 WL 1164226
CourtLouisiana Court of Appeal
DecidedOctober 3, 2001
DocketNo. 01-536
StatusPublished
Cited by1 cases

This text of 796 So. 2d 916 (State ex rel. L"F"B) 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"F"B, 796 So. 2d 916, 1 La.App. 3 Cir. 536, 2001 La. App. LEXIS 2136, 2001 WL 1164226 (La. Ct. App. 2001).

Opinion

JjDOUCET, Chief Judge.

EB, the mother of the minor children, SB, HB, RB and MB 1, appeals a judgment of the juvenile division of the district court terminating her parental rights. We affirm the judgment of the trial court.

FACTS

The children of EB, who are the subject to this appeal, were born between August 1990 and April 1995. The children were fathered by three different men, none of whose names appear on their birth certificates. The father of SB is deceased. The father of HB has been served and has taken no action to acknowledge his son or contest the termination. The third man, the father of RB and MB, could not be located.

The mother has a long history of substance abuse, dating back to the 1980’s. She readily admitted that when SB, RB, and MB were born they had cocaine in their systems as a result of her using drugs while she was pregnant. In the latter part of July 1998, the State of Louisiana, Department of Social Services (DSS), Office of Community Services (OCS), received a report that EB’s children were living in squalor. An investigator went to the residence at 1612 N. Adams in Lake Charles and found the house to be without electricity or gas and the children unsupervised. The investigator found that the children slept on bare, torn mattresses on the floor. The house was roach infested and contained very little food. Additionally, mold was observed growing on the kitchen table, windows [918]*918panes were pushed away from their frame and window screens were torn.

| aOCS attempted to place the children with relatives. This did not work out and on August 12, 1998, the children were adjudicated in need of care and were placed in foster care. A dispositional hearing was held on September 25, 1998, which resulted in the court ordering that the children remain in the care of OCS and that their mother comply with the OCS case plan. Thereafter, on November 10, 1999, DSS filed a petition for termination of parental rights and sought to have the children certified for adoption. The matter did not come to trial until December 21, 2000. Judgment in favor of DSS was rendered in written reasons rendered on February 2, 2001. A formal judgment was signed February 16, 2001. Ms. B, the mother, appeals that judgment.

LAW AND DISCUSSION

In State in the Interest of S.M.W., C.D.W., C.N.W., and E.S.W., 00-3277, pp. 12-14, (La.2/21/01), 781 So.2d 1223, 1232-33, our supreme court discussed the law applicable to this case:

Title X of the Children’s Code governs the involuntary termination of parental rights. As applicable to this case, the grounds for termination of parental rights are:
(5) Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent’s custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future, considering the child’s age and his need for a safe, stable, and permanent home.
La. Children’s Code Art. 1015(5). The method of proving these elements is provided in La. Children’s Code Art. 1036. La. Children’s Code Art. 1036(C) and (D) provide:
|3(C) Under Article 1015(5), lack of parental compliance with a case plan may be evidenced by one or more of the following:
(1) The parent’s failure to attend court-approved scheduled visitations with the child.
(2) The parent’s failure to communicate with the child.
(3) The parent’s failure to keep the department apprised of the parent’s whereabouts and significant changes affecting the parent’s ability to comply with the case plan for services.
(4) The parent’s failure to contribute to the costs of the child’s foster care, if ordered to do so by the court when approving the case plan.
(5) The parent’s repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.
(6) The parent’s lack of substantial improvement in redressing the problems preventing reunification.
(D) Under Article 1015(5), lack of any reasonable expectation of significant improvement in the parent’s conduct in the near future may be evidenced by one or more of the following:
(1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert [919]*919opinion or based upon an established pattern of behavior.
(2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.
(3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.

[/The State must prove the elements of one of the enumerated grounds by clear and convincing evidence to sever the parental bond. La. Children’s Code art. 1035(A); Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (holding that the minimum standard of proof in termination of parental rights cases in clear and convincing evidence); State ex rel. J.A., supra [99—2905 (La.1/12/00), 752 So.2d 806] at 811. The State must only establish one statutory ground for termination, but the trial judge must also find that termination is in the best interest of the child. La. Children’s Code art. 1039; State ex rel. J.A., supra.

“It is well-settled that an appellate court cannot set aside a juvenile court’s findings of fact in the absence of manifest error or unless those findings are clearly wrong.” In re A.J.F., 00-0948 (La.6/30/00), 764 So.2d 47, 61. “Where there is conflicting testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even when the appellate court may feel that its own evaluations and inferences are as reasonable as those of the trial court.” Id.; Rosell v. ESCO, 549 So.2d 840 (La.1989).

“[I]f the trial court or jury findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Rosell, supra at 844. “Where there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong.” Id.

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State ex rel. J.M.
818 So. 2d 802 (Louisiana Court of Appeal, 2002)

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Bluebook (online)
796 So. 2d 916, 1 La.App. 3 Cir. 536, 2001 La. App. LEXIS 2136, 2001 WL 1164226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lfb-lactapp-2001.