State ex rel. Minor Children v. Mother

558 So. 2d 310, 1990 La. App. LEXIS 546, 1990 WL 27077
CourtLouisiana Court of Appeal
DecidedMarch 14, 1990
DocketNo. 88-1222
StatusPublished
Cited by1 cases

This text of 558 So. 2d 310 (State ex rel. Minor Children v. Mother) 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. Minor Children v. Mother, 558 So. 2d 310, 1990 La. App. LEXIS 546, 1990 WL 27077 (La. Ct. App. 1990).

Opinion

YELVERTON, Judge.

The appellant mother appeals the trial court’s judgment terminating her parental rights to two of her children, a son and a daughter. The mother appeals, alleging that the State failed to meet its burden of proof as required by statute. We affirm.

FACTS

The daughter was born March 17, 1981. The mother maintains that this child was born after she was raped by a black man, thus the daughter is biracial. The son’s natural father is unknown. He was born September 9, 1985.

On February 7, 1986, the Office of Community Services received a report from the daughter’s school that she was having trouble urinating. After an examination, a physician concluded the child had been sexually abused. The child’s allegations were against the mother’s brother so the Department did not attempt to remove the children from the mother at this time, but instead told the mother to remove the children from their current premises where the brother was present. In March 1986, the Department was notified that the daughter had contracted gonorrhea. The children were removed from their mother on April 4, 1986, as a result of the sexual abuse of the girl and the medical neglect of the boy.

THE TERMINATION OF PARENTAL RIGHTS

The State of Louisiana, through the Department of Health and Human Resources (DHHR) brought these proceedings pursuant to LSA-R.S. 13:1600 et seq. for the termination of the appellant’s parental rights, specifically alleging the grounds and conditions set forth in LSA-R.S. 13:1601(A), which provides as follows:

A. (1) The abuse or neglect of the child by the parent or parents results from a crime committed against the person of the child or a crime committed against another child of the parent or parents or when a parent is an accessory to such a crime committed against the [312]*312person of the child or another child of the parent or parents.
(2) The abuse or neglect of the child by the parent or parents consists of cruel and inhuman treatment which is below a reasonable standard of human decency.
(3) The parent is unfit to retain parental control and there is no reasonable expectation of reformation on the part of the parent or parents.

The DHHR had the burden of proving paragraph (1) above beyond a reasonable doubt, and the burden of proving paragraphs (2) and (3) by clear and convincing evidence. LSA-R.S. 13:1603(A). In addition to proving LSA-R.S. 13:1601(A)(1), (2), and (3), the DHHR had to prove that the best interests of the children dictated termination of parental rights. LSA-R.S. 13:1602(D).

We find that the DHHR has clearly met its burden of proof in each instance. .We will now discuss the evidence presented under each of the three statutory bases of the petition.

LSA-R.S. 13:1601(A)(1)

It is undisputed that the daughter contracted gonorrhea. The mother’s brother pled guilty to the offense of contributing to the delinquency of a juvenile, with the daughter as one of the victims (the other victim, a third child of the mother, is not important to this case, and is not mentioned here), and is presently serving a prison term. The state introduced the court minutes from the criminal proceeding in which the mother also pled guilty to the offense of contributing to the delinquency of a juvenile, based on the circumstances of this case. She received jail time and a suspended sentence.

LSA-R.S. 13:1601(A)(2)

The mother was notified by the local school board that her daughter was having trouble urinating. A physician, accepted as an expert in recognizing signs of child molestation and abuse, examined the child after the complaints. He testified she had indeed been abused or molested by a male and that her hymen had been broken indicating sexual penetration. The mother was asked to take her children and leave her current residence because of the presence there of her brother, the alleged abuser.

During the period in which the mother was away from her residence, her daughter was diagnosed as having contracted gonorrhea. It was established that the children had returned to their former residence, indicating that the mother had let the children go back to the environment where she knew one had been sexually abused.

The mother testified she had no knowledge of anyone abusing her children. Her testimony conflicts with that of two case agents in the investigation. They testified that the mother, when told of the possible abuse, called her children liars and stated, using vulgar language, that she could not be responsible if her daughter had intercourse with someone.

On April 4, 1986, the day when the daughter was diagnosed, the DHHR obtained custody orders for both children. Then six-and-a-half months old, the son was found by Dr. Scott to have a severe problem with breathing and wheezing; he could not breathe properly. Dr. Scott testified that the boy was in moderate to severe distress and in severe need of medical attention almost to the point of hospitalization. He stated these conditions should have been readily noticeable by anyone, especially a child’s mother who has frequent extended contacts with the child.

LSA-R.S. 13:1601(A)(3)

The mother testified she was sorry for the things that happened to her children. Upon hearing her testimony, the trial court concluded she was a pathological liar and although she felt some grief, it was not the type of grief that would cause her to change and begin to care for her children. In addition, the court found that her demeanor during the proceedings indicated she would not cooperate and receive treatment and that she would not be subjected to any control or supervision by the Office of Human Development in order to be reunited with her children. In fact, the trial court observed that she testified she would [313]*313work with the authorities until she felt she could not, and then she would do what she wanted to do.

The mother was given an opportunity to reform by taking her children out of the abusive environment they were in, but she did not take advantage of this opportunity. Instead, she chose to subject her children to inhumane treatment knowing there was a great probability that such treatment would continue.

Team conferences were set up with case workers, six months apart, in which the goals and expectations of the mother were explained in order for her children to be returned to her. The testimony of Mr. Deshotel, a case worker, was that the mother failed to attend the conferences. Mr. Deshotel attempted to refer her to the New Iberia Mental Health Clinic. She refused to sign a waiver in order that information could be obtained to verify her attendance for treatment at the clinic. The trial court found that there was no proof that she attended the mental health clinic and he did not believe her allegations that she did attend. Mr. Deshotel also testified that the Department had an ongoing case on the mother, since her daughter was born or shortly thereafter, because of reports of physical abuse or neglect. Thus, in actuality, the agency had been working with her for approximately six years. Dr. Henry Legard, a clinical psychologist, testified that it was more probable than not that the mother could not be rehabilitated.

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Cite This Page — Counsel Stack

Bluebook (online)
558 So. 2d 310, 1990 La. App. LEXIS 546, 1990 WL 27077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-minor-children-v-mother-lactapp-1990.