State ex rel. L.M.

57 So. 3d 518, 2011 La. App. LEXIS 69, 2011 WL 230328
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2011
DocketNo. 46,078-JAC
StatusPublished
Cited by20 cases

This text of 57 So. 3d 518 (State ex rel. L.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. L.M., 57 So. 3d 518, 2011 La. App. LEXIS 69, 2011 WL 230328 (La. Ct. App. 2011).

Opinion

WILLIAMS, J.

1 ¡MM. appeals a juvenile court judgment, adjudicating four of her five children, W.M., O.M., M.M. and M.M., in need of care and removing them from her custody. For the following reasons, we affirm.

FACTS

M.M. (“the mother”) is the mother of five boys: L.M., born May 3, 1993; W.M., born December 29, 1998; O.M., born June [521]*5213, 2004; and twins, M.M. and M.M., born June 28, 2007. The children were fathered by three different men; the mother was never married to any of the men. On July 22, 2009, the Department of Children and Family Services, Office of Community Services, Parish of Franklin (“OCS”) received a report that the children did not have adequate food and shelter and that the mother sold the family’s “food stamps” to get money to play bingo.1 The report was | Sinvestigated and validated. The investigation revealed that the family had very little food, other than “a few groceries” that had been borrowed from a neighbor. Additionally, when the OCS worker went to the home, the electricity was not in sendee; however, the power was restored before the worker left the residence. The OCS worker noted that there were, piles of trash, dirty diapers and laundry all over the home; the kitchen floor was dirty and “sticky,” causing her feet to stick to the floor when she walked through it; and, the interior of the home “smelled really, really bad.” The department’s investigation also revealed that the mother was unemployed; however, she received “$1,000-$1500 in cash and $500 in food stamps every month.”2

OCS began providing services to the family, such as transportation to and from the grocery store and medical appointments. It also provided the mother with assistance with budgeting the family’s resources. On October 7, 2009, OCS referred the mother to The Center for Children and Family, a nonprofit organization, for additional family services. A therapist, Traci Arender, provided intensive home-based services (“IHBS”) to the family for a period of four weeks. Arender performed a “family assessment” and initiated a “service plan.” In the assessment and service plan, Arender stated:

[The mother] has adequate income, but she is unable to budget causing the family to run out of money and food |4by the end of the month. Collaterals state [the mother] also sells her food stamps for money to play bingo.
[[Image here]]
The children are clothed, but it is questionable about their upkeep. The clothes do not appear to always be clean and it has been stated by [the mother] that the children have gone days without brushing their teeth.
[[Image here]]
The learning environment in the home is low. [The mother] does not appear to keep up with the children’s homework and studying material.
[[Image here]]
It has been observed and mentioned by collaterals that [the mother] sits back and lets [W.M.] take care of the younger children. The disciplinary practices that have been observed are slapping the children on the arm/hand and yelling at them.
[522]*522[[Image here]]
[The mother] has not been observed bonding (le., hugs, kisses, being affectionate) with her children. [One of the twins] sitting in [the mother’s] lap has been observed. The twins play well with one another and seem to keep themselves busy.... [The mother] has shown her support for [O.M.] by advocating for him at school.and trying to get him more one on one time due to his delays in the classroom. The children appear to have a good relationship with their mother. The children listen to their mother and tend to obey her requests.
[[Image here]]
Over the four-week period, Arender observed that the home continued to have “an odor” and that the mother habitually left open containers of laundry detergent on the floor inside the home within easy reach of the toddlers. Arender also noted “clothes piled up in the corner ... already eaten Rfood [spread around] ... dirty dishes and food from the day or food from last night that was still on the stove ... dirty diapers on the floor[.]” Arender also noted:
[The mother’s] supervision of the children is a concern. The potential harm of the younger children, if not properly supervised, is present. If [the mother] is able to properly supervise the children, then there is no need in the children being removed. [The mother] shows her concern for her children by providing them with what they need and making sure they have what is necessary to survive; but her lack of desire to supervise is of question.

Meanwhile, Regina Goodman, an OCS child welfare specialist, also continued to work with the family. Goodman stated that her attempts to assist the mother with budgeting and managing her household financial obligations were futile. Although Goodman stated that the mother followed up with medical appointments for the children when OCS provided the transportation and she kept food in the house “most of the time,” there were other problems within the family. For example, the children often were not dressed appropriately for school and doctor’s appointments. Goodman noted that the elementary school called OCS on occasions when it was unable to reach the mother. O.M. frequently urinated and/or defecated on himself at school, and often would not have clean clothing to change into; on one occasion, O.M. returned to school with the same soiled clothing that had |(jbeen sent home the day before. Goodman also reported one incident in which the school called her because O.M. had gone to school wearing no underwear, dressed in pants that would not button or zip. Goodman also reported that one day, O.M. was seen' walking to school in the rain; a man, who was unknown to O.M., stopped his vehicle and transported the child to school.3 Furthermore, W.M. (age 11) and O.M. (age 5) were frequently absent from school. Goodman also noted that on at least one occasion, there was a three-day delay in having a prescription filled for O.M.’s medication to treat a serious scalp condition.

OCS further noted that the mother had moved three times during the eight-month period that the department worked with her, and that she had “a history of moving from place to place and not paying her rent.” After one such move, the mother failed to notify OCS that she was moving, [523]*523and the department lost contact with the family. Goodman testified that the mother made at least one attempt to avoid OCS by not answering the door when one of the OCS workers visited. Although the family moved frequently, OCS observed that the family’s living conditions never improved, noting:

The housing condition has been the same in every home, piles of dirty dishes all over the kitchen, dirty diapers open lying on the floor, cleaning supplies on the ground, piles of dirty clothes all over the home, piles of trash and dirt in the middle of every room. The house has' a foul odor that can be smelled before you go in the house.

|7The department’s efforts to work with the mother soon deteriorated..

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

Related

State of Louisiana in the Interest of B.W.
Louisiana Court of Appeal, 2024
State of Louisiana in the Interest of H.J.
Louisiana Court of Appeal, 2020
In re State in Interest of C.F.
273 So. 3d 1265 (Louisiana Court of Appeal, 2019)
State ex rel. A.A.
261 So. 3d 124 (Louisiana Court of Appeal, 2018)
State ex rel. K.P.
246 So. 3d 627 (Louisiana Court of Appeal, 2017)
State ex rel. K.K.
243 So. 3d 1155 (Louisiana Court of Appeal, 2017)
State ex rel. S.C.
217 So. 3d 642 (Louisiana Court of Appeal, 2017)
State ex rel. N.B.
215 So. 3d 398 (Louisiana Court of Appeal, 2017)
State ex rel. A.H.
206 So. 3d 1081 (Louisiana Court of Appeal, 2016)
State ex rel. B.M.
201 So. 3d 974 (Louisiana Court of Appeal, 2016)
State ex rel. P.F.
197 So. 3d 745 (Louisiana Court of Appeal, 2016)
State ex rel. N.C.
184 So. 3d 760 (Louisiana Court of Appeal, 2015)
State ex rel. L.M.
137 So. 3d 806 (Louisiana Court of Appeal, 2014)
Sanders v. Ballard
134 So. 3d 1205 (Louisiana Court of Appeal, 2014)
State ex rel. P.J.
104 So. 3d 517 (Louisiana Court of Appeal, 2012)
State Ex Rel. An
70 So. 3d 1041 (Louisiana Court of Appeal, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
57 So. 3d 518, 2011 La. App. LEXIS 69, 2011 WL 230328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lm-lactapp-2011.