State ex rel. L.R.S.

877 So. 2d 1040, 2004 La. App. LEXIS 1564, 2004 WL 1396273
CourtLouisiana Court of Appeal
DecidedJune 23, 2004
DocketNo. 38,812-JAC
StatusPublished
Cited by9 cases

This text of 877 So. 2d 1040 (State ex rel. L.R.S.) 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.R.S., 877 So. 2d 1040, 2004 La. App. LEXIS 1564, 2004 WL 1396273 (La. Ct. App. 2004).

Opinion

L STEWART, J.

The Louisiana Department of Social Services (“DSS”) appeals a judgment of the Monroe City Court denying a petition to terminate the parental rights of L.S., the mother of the minor child, L.R.S. The court found that DSS failed to prove the elements for termination of parental rights under La. Ch. C. art. 1015(5) by clear and convincing evidence. For the reasons stat[1043]*1043ed in this opinion, we reverse the judgment and order termination of the parental rights of the mother, L.S.

FACTS

Records introduced into evidence at the hearing on the petition for termination of parental rights detailed L.S.’s' long history of mental illness and involvement with the foster care system. L.S. was in state custody from the ages of 6 to 18, with placements in foster homes, group homes, and treatment facilities. At the age of 14, L.S. was raped by the adult son of a foster parent and gave birth to a child, who was also placed into state custody and adopted after L.S.’s parental rights were terminated.

Due to her mental illness, L.S. has had numerous hospitalizations since 1991. Her most recent diagnoses have included Major Depressive Disorder and Borderline Personality Disorder. Anger, paranoia, and depression result from her illness. She has poor coping skills and becomes easily overwhelmed and agitated. Her anger has manifested itself through self-mutilation, suicidal ideation, and suicide attempts generally involving overdoses of medication. L.S. was hospitalized at least six times in the three months preceding the birth of L.R.S.

| ¡.L.R.S. was born on April 28, 2002. Following the birth, the Office of Community Services (“OCS”) in Ouachita Parish opened a Family Services case on L.S. and arranged for Homemaker’s Assistance for her. However, on May 20, 2002, OCS received a report that L.S. had overdosed on medication while home alone with the baby. An OCS worker went to L.S.’s home and arranged for her to be hospitalized after L.S. stated that she had taken 10 pills each of Zoloft and Haldol to relax. By instanter order of May 22, 2002, L.R.S. was placed in state custody due to the report of neglect. Thereafter, L.R.S. was adjudicated- a child in need of care and placed in a certified foster home.

The court approved a case plan for reunification developed by the family team conference and appointed a CASA volunteer, as authorized by La. Ch. C. art. 424, to represent the best interests of the child.1 Goals established by the case plan required L.S. to cooperate with OCS, maintain adequate income, maintain a permanent home free from drugs, alcohol, violence and safety hazards, maintain contact with L.R.S. and take responsibility for appropriate parenting, locate L.R.S.’s father, and identify her mental illness as a contributing factor for the neglect of L.R.S. and take steps to change her patterns.

The case plan assessment of November 2002, stated that L.S. was doing her best to complete the case plan, but that her mental ■ instability was the main problem preventing reunification. Efforts to find a suitable | ¡¡placement for L.R.S. with relatives whose names were submitted by L.S. were unsuccessful. , On November 15, 2002, the court again approved a case plan for reunification.

By the May 2003 case plan assessment, the goal had been changed to termination of parental rights for L.S. and adoption for L.R.S. The assessment noted that while L.S. made some progress on the case plan, she made little progress toward diminishing the main barrier to reunification — her mental instability. Since L.R.S. had been placed in state custody, L.S. had been hospitalized 9 times for episodes related to [1044]*1044her mental instability. Episodes which occasioned L.S.’s psychiatric hospitalizations included overdosing on medication, cutting herself, and threatening to harm herself or others. OCS had some difficulty verifying L.S.’s hospitalizations and mental health treatment as she had refused to sign consent forms for release of her information. L.S. had maintained her SSI income, but she had some difficulty establishing a permanent residence as she moved in with different relatives, lost housing in one program due to a suicide attempt, and lost an apartment due to a fire that was not her fault. In addition, L.S. had not successfully completed parenting classes and had not demonstrated anything she learned from the classes during visits with L.R.S. Both CASA and Dr. Bobby Stephenson, the psychologist who evaluated L.S., recommended termination of parental rights.

On May 22, 2003, one year after L.R.S. had been taken into custody, DSS filed a petition for termination of parental rights under La. Ch. C. art. 1015(5). The termination proceedings took place on August 27, 2003, LNovember 15, 2003, and November 17, 2003.2 The court denied termination of L.S.’s parental rights in an oral ruling on November 19, 2003. The court’s reasons were set forth in a written judgment signed on February 9, 2004, as follows:

These records indicated some of her admissions for psychiatric treatment were voluntary in nature, as she felt paranoid and was not taking her medicines. Then, with the most recent admission, on July 24, 2003, a Physician’s Emergency Certifícate was issued, with some violence on her part and unwillingness to seek help. A five (5) day stay then ensued, with a diagnosis on Axis 1 of Major Depression. Then, she seemed much improved. Both Drs. Stephenson, PhD, and Dr. Agarwal, MD, expressed concern about her ability to care for a child at this time.
The Case Plans were reviewed, including her compliance and cooperation with DSS, along with her progress. Her major problem has been mental instability. While there has not been 100% compliance, (L.S.) has been moving in that direction. She recognizes and has sought help on her own at times. Since she seeks help, she should not be punished. Her cooperation with DSS case plans include obtaining SSI, a place to live and is now working part-time as part of her treatment plan with Harmony House, a day treatment program for disabled persons.
Thus, the Court finds she has made significant measurable progress. Looking at her history, she had numerous hospitalizations in 2001 and 2002, but only three (3) thus far in 2003. However, both doctors (supra) expressed concern and reservations with her present ability to care for a child. The next area to examine is the “reasonable expectation” of change in the “foreseeable future,” and again both doctors said they needed the mother ... to be free from hospitalizations for one to two (1 to 2) years. This court cites In re: Ardoin, 667 So.2d 1144 (La.App. 3d Cir.1995)[sic] where “reasonable foreseeable future” was found by the Court to be a number of years in the foreseeable future.

The court ordered more frequent visits between L.S. and L.R.S. and ordered that the goal be changed to reunification. This appeal by DSS followed.

[1045]*1045| .DISCUSSION

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Bluebook (online)
877 So. 2d 1040, 2004 La. App. LEXIS 1564, 2004 WL 1396273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lrs-lactapp-2004.