State ex rel. L.S.

814 So. 2d 601, 2001 La.App. 4 Cir. 2215, 2002 La. App. LEXIS 1370, 2002 WL 971567
CourtLouisiana Court of Appeal
DecidedMarch 20, 2002
DocketNo. 2001-CA-2215
StatusPublished
Cited by3 cases

This text of 814 So. 2d 601 (State ex rel. L.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.S., 814 So. 2d 601, 2001 La.App. 4 Cir. 2215, 2002 La. App. LEXIS 1370, 2002 WL 971567 (La. Ct. App. 2002).

Opinion

| .WALTZER, Judge.

STATEMENT OF THE CASE

On 29 August 1989, New Orleans Police Department Detective Marlon Defillo swore an affidavit in support of an instan-tér order placing L.S., A.S. and their older brother, Le.S. in the temporary custody of the State of Louisiana, through the Department of Health and Human Resources. According to Det. Defillo, he responded to a claim of possible child abuse at Associated Catholic Charities. Officials with that agency witnessed the children’s mother displaying violent behavior toward the children, resulting in her attack on the eldest child, then six years old. Intervention efforts were unsuccessful because of the mother’s extreme hostile behavior. When District NOPD officers arrived, the mother was holding L.S. (then one year old) and A.S. (then 8 months old) in her arms. As the officers approached, she threw L.S. to the ground and began throwing gym bags on top of him. The mother resisted the officers’ attempts to subdue her, but she was finally subdued without injury to herself. The NOPD investigation revealed that because of prior cases when she was placed in public or private shelters and refused to conform to their policies, behaved “extremely violent[ly]” and took out her frustrations on her children, no local shelter was willing to accept her and her | ¡.children. As a result of the investigation, Det. Defillo placed the mother under arrest and charged her with violation of LSA-R.S. 14:93 (cruelty to juveniles). According to Det. Defillo’s affidavit, attempts were made to place the children with their maternal grandmother who refused.

On 11 September 1989, the juvenile court held a probable cause hearing for continued state custody, at which the mother and the children each were represented by counsel. The juvenile court rendered judgment awarding the provisional protective custody of the children to the State through the Department of Health and Human Resources pending further proceedings. On 20 November 1989, the juvenile court took testimony and received stipulated reports from the Office of Community Services (OCS) and Court Appointed Special Advocates (CASA). The court found it necessary to take the children into protective custody and awarded their care, custody and control to OCS for a period of eighteen months, having found that OCS had made reasonable efforts to prevent the removal of the children and to find suitable relatives for placement. The judgment also provided for case studies, psychiatric [603]*603and psychological evaluations, administrative review and parental visitation.

The matter came on for a six-month review hearing on 14 February 1990, after which the juvenile court ordered that the children should remain in OCS custody and provided for visitation. The juvenile court ordered the parents to attend parenting classes and therapy, and ordered the children’s mother to continue in vocational training. The case was set for a permanency planning hearing. Subsequently, on 30 June 1990, the juvenile court held a review hearing in the presence of the children’s parents and others, and rendered judgment continuing OCS custody, with placement of the three children in a single foster home, subject |ato liberal visitation and continuing the requirement of parenting classes and counseling for the parents.

After the permanency planning hearing on 16 January 1991, the court continued the children’s OCS custody, with placement in the home of their paternal aunt until OCS would be able to find a suitable foster placement. The court noted that the permanent plan would be for reunification of the family. The court continued the educational and counseling requirements contained in its earlier orders. On 22 February 1991 and 24 April 1992, the juvenile court appointed a Special Advocate on behalf of the children.

The juvenile court held hearings and continued OCS custody of the children on 28 August 1991, 19 August 1992, and 18 August 1993, the latter subject to an order to place the children with a relative in Michigan subject to additional approval by an unrelated agency. The court held that the permanency plan for the children was to be relative placement.

On 19 January 1994, the court continued OCS custody and noted that a favorable home study had been completed on the Michigan home of the children’s aunt and uncle. The court also noted that the mother, a chronic paranoid schizophrenic unable to care for herself, was then living in the Abode residential facility for adults with emotional disorders, and the father was not complying with court orders and had expressed a lack of interest in the children.

On 12 January 1995, the mother voluntarily filed an authentic Act of Surrender for the adoption of Le.S., L.S. and A.S. On 26 January 1995, the mother filed a motion in juvenile court to rescind the Act of Surrender. The record contains certificates from the mental health worker who examined the mother and Dattested to the mother’s capacity to execute the act and to the voluntary nature of the act, and a notice to the father.

On 19 January 1995, the juvenile court recessed the matter in order for the parents’ attorney to file written objection to the mother’s surrender of her parental rights, continuing all prior orders in full force and effect. The Department of Social Services sought supervisory review in this Court and moved to recuse the juvenile court judge who had been entrusted with this case since its original filing. That motion was denied on 16 May 1995. On 1 May 1995, the juvenile court judge amended the judgment of 19 January 1995 to reflect that further testimony should be taken concerning the mother’s understanding of the nature and extent of the Act of Surrender of Parental Rights. The State ultimately withdrew its motion filing the Act of Surrender.

On 25 January 1996, the juvenile court noted that the children were placed in a Therapeutic Foster Home where they had been living since 17 April 1995, continued the children in OCS custody, and provided for various types of therapy for the children and for bi-weekly visitation with their [604]*604mother. This placement was continued on 30 January 1997, at which time the court’s judgment noted:

The Court specially commends the case manager, Mary Peterson Mar-chand, for diligent efforts and a job well done, and orders that a copy of this judgment be forwarded to her supervisor and placed in her personnel folder.

OCS custody was continued at the post-permanency review hearings held on 22 January 1998, 21 January 1999 and 20 January 2000. At the 2000 post-permanency review hearing, the court noted its concurrence with the OCS/DSS permanency plan for long term foster care and granted an Adoption and Safe Families Act (ASFA) exception. The juvenile court found this placement to be in |Bthe best interests of the children, noting that the mother had been in substantial compliance with court orders and the case plan for family re-unification, but that the father had not, and continued bi-weekly maternal visitation.

On 26 July 2000, the juvenile court continued OCS custody and found that the mother has been in only minimal compliance with court orders and the case plan for family re-unification, and that the father has been in total non-compliance. The judge signed a stipulation and consent agreement on the same date agreeing that Le.S. would remain in his current placement at Boys Town. Upon release, anticipated for 9 August 2000, Le.S. would join his siblings in their current placement and continue with therapy and medication management.

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Bluebook (online)
814 So. 2d 601, 2001 La.App. 4 Cir. 2215, 2002 La. App. LEXIS 1370, 2002 WL 971567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ls-lactapp-2002.