State ex rel. M.A.A.

897 So. 2d 42, 2004 La.App. 1 Cir. 1101, 2004 La. App. LEXIS 2120, 2004 WL 2071779
CourtLouisiana Court of Appeal
DecidedSeptember 17, 2004
DocketNo. 2004 CJ 1101
StatusPublished

This text of 897 So. 2d 42 (State ex rel. M.A.A.) 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. M.A.A., 897 So. 2d 42, 2004 La.App. 1 Cir. 1101, 2004 La. App. LEXIS 2120, 2004 WL 2071779 (La. Ct. App. 2004).

Opinions

J^FITZSIMMONS, J.

The City Court of Houma, acting under its juvenile jurisdiction, found three employees of the State of Louisiana, Department of Social Services, Office of Community Services (OCS), guilty of contempt of court. See La. Ch.C. arts. 302-303. OCS appealed. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

By a judgment signed on January 29, 2003, the juvenile court adjudged the minor child, M.A.A., to be a “child in need of care.” See La. Ch.C. art. 604 & 601, et seq. Custody of the child was awarded to OCS. Although M.A.A. had been admitted to Southeast Louisiana Hospital; other, more appropriate placements were discussed during a hearing on January 15, 2003. OCS stated that finding a new placement for M.A.A. had been difficult, but finally a placement in a Harmony Center group home named Longfellow was secured. The OCS, however, was concerned about the range of counseling available at Longfellow and notified the court that M.A.A. was eligible for a more intensive program with specialized counseling. Concerns were also raised about placing M.A.A. in public school while at Longfellow, and the need to avoid contact with an older brother in another Harmony home. OCS explained to the court that although M.A.A. was on waiting lists for more restrictive, intensive programs, including New Directions, located in Covington, Louisiana, none were immediately available. The possibility that M.A.A. would do well at Longfellow, and not require a transfer to a more intensive program, was discussed. The judge asked how long M.A.A. would be on the list, and OCS replied that he would “stay on the list until the list is worked.” OCS wanted to have a placement option available if the stay at Longfellow was disrupted. A status or case review hearing was set for February 19, 2003.

At the February 19, 2003 hearing, the representative from the Longfellow home reported that M.A.A. was doing well. Longfellow also agreed that some ^additional therapy, outside of the normal counseling done at Longfellow, would be provided. At the end of the hearing, the judge stated that the placement was appropriate. A judgment specifically finding the placement at Longfellow to be the “most appropriate, least restrictive available” was signed on March 10, 2003. However, before the judgment was signed, an opening at New Directions became available. OCS transferred M.A.A. to New Directions on February 26, 2003.

Another status hearing was held on March 28, 2003. At the hearing, the judge [44]*44stated that he was puzzled by the change in placement to New Directions made after Longfellow was found to be the most appropriate, least restrictive placement, and especially in light of reports of M.A.A.’s good progress at Longfellow. OCS opined that New Directions, unlike Longfellow, offered more specialized counseling better suited to M.A.A.’s problems as a victim of sexual abuse, and as an admitted sexual perpetrator himself. The needed specialized therapy was part of the overall New Directions program and would not create the additional costs, and depletion of the OCS budget, that such individual therapy would generate at Longfellow. Also, once a child was accepted, New Directions had a policy that tolerated more disruptions and problems than Longfellow. Because OCS had previously experienced difficulty in placing M.A.A., OCS felt that a stronger, no-rejection policy would offer more long-term stability. The judge took the matter under advisement. By an order signed on April 8, 2008, the judge found the “placement at New Directions is not the least restrictive as required by the Children’s Code.”

In September of 2003, M.A.A. filed an objection to the placement at New Directions. A review hearing was held on September 10, 2003, but the judge did not see any reason to proceed with the hearing until the appellate court ruled on OCS’s appeal of the April 8, 2003 judgment. Finding that the terms of the April 8, 2003 judgment were not certain or definite, and granted no relief, this court held |4the judgment was not a final, appealable one. The appeal of the April judgment, docket number 2003 CJ 1615, was dismissed on November 7, 2003. On November 12th, the court, on its own motion, filed a rule to show cause why three specific OCS employees: Stephanie Kenney-Gomez, M.A.A.’s case manager; Gayle Lewis, the District Manager; and Michael Pooley, the Regional Administrator;1 should not be held in contempt of court for “willful disobedience in not complying in all respects with the case plan approved by this court per judgment dated February, 19, 2003.” In the rule, the judge asserted that the child was not a sexual perpetrator, that New Directions was not an appropriate placement for the child, and that the child was in compliance with the case plan while in Longfellow. Thus, the court saw no valid basis for the transfer to New Directions. A show cause hearing was held on November 21, 2003. At the hearing on the rule to show cause, all three employees testified that they would not intentionally disobey an order or a judgment of the court.

By judgment signed December 3, 2003, the trial court found all three to be in contempt for “failure ... to comply with the case plan approved by this court per judgment rendered in Open Court on February 19, 2003, and signed March 10, 2003.” The court also held that the “contempt persisted from approximately February 26, 2003 to March 28, 2003 and the decision ... signed April 8, 2003,” through the date of the judgment, December 3, 2003, and until they comply. The three employees were sentenced to incarceration and community service, and ordered to “individually submit a report to appropriate state and federal agencies .... ” The matter was referred to OCS for administrative reprimand and | ¡¡sanctions. A motion for appeal of the contempt judgment was denied by the court on December 9, 2003.

According to court minutes for January 21, 2004, the judge discussed recommenda[45]*45tions from Southeast Louisiana Hospital and Longfellow that M.A.A. be required to finish the program at New Directions before being transferred to another facility. Although the court maintained its belief that New Directions was inappropriate, the court stated that it would not “argue with Dr. Rovin if he [felt] that New Directions is appropriate for a period of stabilization.” Thus, approximately six weeks after the judgment holding the three employees in contempt until they complied, presumably by transferring the child back to Longfellow,. the court continued the child’s placement in the New Directions program.

On February 4, 2004, this court denied a writ, number 2003 CW 2841, filed by OCS. OCS had asked for a stay, reinstatement of their suspensive appeal, or consideration of the validity of the contempt judgment. In its denial, this court stated that the court’s finding in the civil contempt proceeding was -not manifestly erroneous.2 Sometime prior to March 9, 2004, M.A.A. was returned to a Harmony House home. However, the court refused to rescind or vacate the. contempt sanctions. On April 7, 2004, the Louisiana Supreme Court found that the contempt proceeding was criminal in nature, and ordered this court to grant OCS an appeal. The appeal was docketed, and the record was ordered to be supplemented with the prior filings and ruling on writs.

APPLICABLE LEGAL PRECEPTS

Louisiana Children’s Code article 672(A) provides:

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Cite This Page — Counsel Stack

Bluebook (online)
897 So. 2d 42, 2004 La.App. 1 Cir. 1101, 2004 La. App. LEXIS 2120, 2004 WL 2071779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-maa-lactapp-2004.