State ex rel. M.C.

194 So. 3d 1235, 16 La.App. 3 Cir. 69, 2016 La. App. LEXIS 1091, 2016 WL 3078174
CourtLouisiana Court of Appeal
DecidedJune 1, 2016
DocketNo. 16-69
StatusPublished
Cited by3 cases

This text of 194 So. 3d 1235 (State ex rel. M.C.) 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.C., 194 So. 3d 1235, 16 La.App. 3 Cir. 69, 2016 La. App. LEXIS 1091, 2016 WL 3078174 (La. Ct. App. 2016).

Opinion

CONERY, Judge.

hE.C.1 appeals the decision of the trial court terminating her parental rights to her minor children M.C. and A.C. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On October 21, 2013, the State of Louisiana, Department of Children and Family Services (DCFS) received a report that the two older minor children of E.C., K.B., born September 13, 2008, and J.B. born July 24, 2009, had been left unattended in a filthy home and without food. The DCFS investigated and confirmed that the older minor children, then approximately five years and four years old, were home alone. In, addition, E.C. is the mother of M.C., born February 1, 2012, and A.C. born April 16, 2013, who at the time were approximately twenty-one months and -she months old respectively. C.K. is the father of M.C. and A.C.

On October 21, 2013, the DCFS worker observed E.C.’s residence and found feces smearéd on the carpet throughout the apartment, with dirty diapers, food, trash, and clothing strewn on the floor. The worker also documented a bottle of Amoxi-cillin on the kitchen floor. The apartment contained an adequate supply of baby>food, but no food for the older children. E.C. was subsequently arrested on two counts of criminal abandonment. ■ >

On October 2Í, 2013, an oral instanter order was issued placing the children in the temporary custody of the DCFS. On October 24, 2013, a written instanter order with supporting affidavit was filed and signed by the trial court. The ^affidavit contained the information concerning the condition of E.C.’s apartment, as well as the details of the circumstances,surrounding her failure to supervise the older children, K.B. and.JJB. On October 25, 2013, a continued custody hearing was held, which resulted in an oral judgment, followed- by a formal judgment signed November 12,2013, which maintained custody of M.C. and'AC, with the DCFS, and awarded custody of K.B. and J.B. to their father T.B., who resides in Mississippi.2

[1238]*1238A case plan was developed for E.C. on November 20, 2013. The case plan reflects that M.C. and A.C. were placed in the care of their great-aunt, V.T., in Lake Charles, Louisiana. The placement was in close proximity to the parents, E.C. and C.K., which allowed for convenience in the visitation schedule. E.C.’s case plan provided for visitation with M.C. and A.C. twice monthly at the home of V.T. The goal for M.C. and A.C. was reunification and a concurrent goal of adoption.

A case review hearing was held on December 4, 2013, with a judgment signed on January 10, 2013, which found that based on the original October 24, 2013 affidavit and the November 20, 2013 case plan, it was in the best interest of M.C. and A.C. to remain in the custody of the DCFS and in the care of their great-aunt, V.T.

On December 20, 2013, the trial court held an adjudication hearing. Based on the stipulation of E.C., both M.C. and A.C. were adjudicated children in need of care. An amended adjudication order designating M.C. and A.C. as children in need of care was signed by the trial court on January 21, 2014. The order provided that E.C. was to “cooperate with the department and to comply with all the | .-¡requirements of the case plan dated November 20, 2013.” Failure to do so could result in a petition to terminate E.C.’s parental rights to both M.C. and A.C.

A case review hearing was held on March 10, 2014, with a judgment signed on March 19, 2014. The trial court ordered that, based on the November 20, 2013 case plan, which was made a part of the order of the trial court, and the February 27, 2014 report from the DCFS, M.C. and A.C. were to remain in the custody of the DCFS and in the care of V.T.

On April 23, 2014, DCFS filed an addendum to the prior court report which stated, “The agency received information that E.C. had hit M.C. during a visit. The agency has suspended future home visitations in the caretaker’s home. The visits with the children will now take place at the DCFS office and will be supervised.”

The case plan review hearing held on April 23, 2014, indicated that although E.C. had apparently found employment, she still did not have stable housing. She had not maintained monthly contact with the agency worker, who had tried on numerous occasions but had been unsuccessful in contacting E.C. E.C. had undergone a mental health assessment on November 7, 2013, and was diagnosed with an “Unspecified Adjustment Disorder” for which individual therapy and medication were recommended. The case plan goal remained reunification and the concurrent goal of adoption.

At the case review hearing on July 15, 2014, the DCFS report indicated that the children remained in their placement with V.T. in Lake Charles, Louisiana, and that V.T. had completed her MAPP certification in order to adopt M.C. and A.C. in the event E.C. and C.K. did not complete their case plans. The report further stated, “The children’s placement is going well, they have adapted to the home ^^environment and have bonded and adjusted well to V.T. and her family. The children are happy, health [sic], and thriving. The work [sic] has not received any safety or risk concerns in the caretaker’s home.” An additional case review hearing was held on November 17, 2014, with no change in the case plan for M.C. and A.C.

On January 15, 2015, the state' petitioned to have the goal of the case plan changed to adoption and for the termination of the parental rights of E.C. and C.K. A case review hearing was held on April 10, 2015, and over objection of counsel for E.C., the goal of the case plan was [1239]*1239changed to adoption. The birth certificates of M.C. and AC. were placed into evidence. E.C. informed the trial court that she was now living in Beauinont, Texas. A termination of parental rights hearing was set for May 14, 2015.

At the termination of parental rights hearing on May 14, 2015, E.C. confirmed that she moved to Texas in February 2014 for mental health reasons. E.C. also testified that she worked at the Isle of Capri Casino from December 2013 to July 2014, when she quit because she was tired of making the trip from Beaumont, Texas to Lake Charles, Louisiana. E.C. testified that she was presently living in Section 8 housing under her sister’s name. E.C. also testified that she had contacted the Texas DCFS and law enforcement- and unsuccessfully tried to regain custody of M.C. and A.C. from her aunt Y.T. while the children were visiting family in Texas. The termination of parental rights hearing was continued to June 26, 2015.

On June 26, 2015, all parties agreed to continue the hearing to September 25, 2015, with an alternative date of October 19, 2015, due to a problem pertaining to mental health providers and their lack of attendance and records. Counsel for E.C. |(¡informed the trial court that E.C. was pregnant and due October 30, 2015. E.C. stated that the pregnancy was high risk and that her doctor’s appointments were scheduled “three or four times a week.” The trial court instructed E.C. to keep her counsel apprised of her condition and any travel restrictions imposed by her physicians, which would have to be documented and submitted to the trial court.

The termination of parental rights hearing went forward on September 25, 2015. At that time M.C. and A.C.'had been in the custody of the DCFS for twenty-three months. During E.C.’s testimony, she did not deny hitting M.C. in April 2014. E.'C.’s actions resulted in her visits with M.C. and A.C.

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

Related

State in the Interest of S.L., B.B., C.W.
Louisiana Court of Appeal, 2018
State ex rel. J.A.
237 So. 3d 69 (Louisiana Court of Appeal, 2018)
State in the Interest of J.A.
Louisiana Court of Appeal, 2018
State ex rel. B.W.
212 So. 3d 695 (Louisiana Court of Appeal, 2017)
State in the Interest of B.W., C.D. & C.D.
Louisiana Court of Appeal, 2017
State ex rel. G.M.A.
201 So. 3d 1014 (Louisiana Court of Appeal, 2016)
State in the Interest of G. M. A. & K. K. A.
Louisiana Court of Appeal, 2016

Cite This Page — Counsel Stack

Bluebook (online)
194 So. 3d 1235, 16 La.App. 3 Cir. 69, 2016 La. App. LEXIS 1091, 2016 WL 3078174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mc-lactapp-2016.