State ex rel. M.A.S.

873 So. 2d 817, 2004 La. App. LEXIS 1153
CourtLouisiana Court of Appeal
DecidedMay 7, 2004
DocketNos. 38,677-JAC, 38,678-JAC
StatusPublished
Cited by3 cases

This text of 873 So. 2d 817 (State ex rel. M.A.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. M.A.S., 873 So. 2d 817, 2004 La. App. LEXIS 1153 (La. Ct. App. 2004).

Opinion

11 STEWART, J.

This is an appeal from a judgment terminating the parental rights of T.S. to the minor children, M.A.S. and R.S. At issue is whether the State proved by clear and convincing evidence that there exists no reasonable expectation of reformation in the near future for T.S. so as to justify termination of her parental rights. For the reasons which follow, we affirm the judgment of termination.

FACTS

By instanter order of June 15, 2001, the minor child M.A.S., born August 8, 1999, was removed from the custody of his mother, T.S., and placed in the custody of the State of Louisiana, Department of Social Services. He was subsequently adjudicated a child in need of care. Removal was necessitated by T.S.’s abusive behavior toward M.A.S. The child, who was not yet two years of age, had adult size bite marks on his face and left forearm. T.S. admitted that she bit M.A.S. on his face after he had bitten her. At the time of M.A.S.’s removal from parental custody, T.S. was separated from W.S., her husband and the father of M.A.S. W.S. was living with his stepfather, a convicted child molester, who had previously molested W.S. when W.S. was a child.

At the first family team conference on July 12, 2001, the participants developed a case plan for reunification of M.A.S. with T.S., who was expecting another child. The case plan set forth seven goals for T.S. to meet and the actions she must take to achieve these goals. The stated goals required T.S. to provide a safe and stable home for M.A.S. She was to be a nurturing and responsible parent able to meet the physical, medical, and | ^emotional needs of M.A.S. T.S. was required to cooperate with the agency (Office of Community Services) in assessing her parental needs and in following recommendations. She was to fulfill her legal responsibilities toward M.A.S. and to provide financial support for M.A.S. She was also to cooperate with the agency in making a permanent plan for M.A.S. Finally, she was to establish the paternity of her unborn child and seek prenatal care.

In meeting the seven goals, the case plan required T.S. to satisfactorily complete parenting and anger management classes. She was to undergo a psychological evaluation and successfully follow the recommendations of the evaluation. The plan also required her to establish and maintain a home kept clean and free from hazards. Among other actions, she was also required to interact in positive ways with M.A.S., treat him in an age appropriate manner, provide monthly financial support as well as gifts for M.A.S., and show her understanding of why M.A.S. was [819]*819placed in the custody of the State. The plan was approved by the court.

By the second family team conference on December 18, 2001, T.S. and W.S. had reconciled and were living together in a mobile home along with W.S.’s step-father. T.S. and W.S. had completed their psychological evaluations and had attended anger management classes. However, there was concern about the chaotic lifestyle of the couple and the lack of a good support system to assist them with parenting and maintaining a home. Notably, there was also concern about them allowing a convicted child | ¡¡molester to live in their home and their failure to understand how this could compromise the safety of a child living with them.

T.S. gave birth to R.S. on February 24, 2002. R.S. was placed in the custody of the State pursuant to an instanter order issued May 31, 2002, on the basis of validated allegations of sexual molestation by W.S. and his step-father involving two minor children of a family with whom W.S. and T.S. had lived at times. R.S. was subsequently adjudicated a child in need of care. A case plan for services with the goal of family reunification was developed and approved by the court.

Records from the family team conference of June 25, 2002, show that T.S. had been hospitalized for depression. Family reunification.remained the goal for M.A.S. and R.S. until the next family team conference on November 19, 2003. T.S. was then separated from W.S. and living with a man, B.C.C., against whom there had been validated allegations of sexual molestation of a child. Despite being advised of the risk of harm to children posed by B.C.C. and the fact that there could be no recommendation for return of the children under such circumstances, T.S. believed B.C.C. to be innocent and not harmful to children. Records also show that T.S. was having difficulty in redirecting M.A.S. during visits when he would become aggressive toward her and not follow instructions. Based on T.S.’s lack of progress toward satisfaction of the case plan goals, the State decided to pursue termination of parental rights with the permanent goal being adoption for M.A.S. and R.S.

|4On June 16, 2003, the State filed the petition for termination of parental rights, and the hearing took place on August 5, 2003. Laura Bounds, a case manager with the Office of Community Services, testified on behalf of the State regarding the agency’s involvement with the family and T.S.’s progress toward her case plan goals. Bounds testified that even though T.S. attended all the family team conferences and took part in the services offered, she did not show improvement in her ability to parent or protect the children from abuse. For instance, T.S. underwent the psychological evaluation as set forth in the plan and “somewhat” followed the recommendations from the evaluation, but she did not show substantial improvement in her mental health condition. As recently as July 2003, T.S. had been hospitalized after she threatened to kill herself or her boyfriend’s sister. The evaluation placed T.S. in the mild mental retardation range. Poor parenting skills and a limited understanding of child development were two problems noted in the evaluation, which concluded that T.S. was at a high risk to repeat abuse of her children. Even with the provision of services to address her needs, the prognosis for a positive outcome was guarded due to T.S.’s limited intellectual functioning and the severity of her personality and emotional disturbances.1

[820]*820Bounds noted that although T.S. attended parenting classes, she did not demonstrate that she had learned anything from the classes during the visits with the children. Bounds described T.S. as being “immature” in her dealings with the children. T.S. called them by different names and did not ^interact much with them. T.S. also had problems redirecting M.A.S., who was defiant with her. Bounds also testified that T.S. did not benefit from the anger management classes as she continues to lose her temper and make threats of violence, as mentioned above. Of most concern was T.S.’s continuing relationship with B.C.C., even though she was made aware that this relationship would jeopardize her relationship with her children.

The State also presented the testimony of Angela Ledford, who directed T.S.’s parenting classes. Ledford testified that T.S. did not learn anything from the classes. She described T.S. as being passive and noted that T.S. gave inappropriate responses in class. For instance, she referred to M.A.S. and her unborn child as “brats.” Ledford believed it was “very questionable” as to whether T.S. could parent her children and suggested that the situation would have to be “very closely monitored” if the children were returned to T.S.’s care.

T.S. testified on her own behalf. She stated that she still lived with B.C.C. T.S. explained that she did not take her caseworker’s advice to leave his residence because she “thought she was not telling me the right thing to do.”

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Bluebook (online)
873 So. 2d 817, 2004 La. App. LEXIS 1153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mas-lactapp-2004.