State Ex Rel. Ms

768 So. 2d 628, 1999 La.App. 4 Cir. 2190
CourtLouisiana Court of Appeal
DecidedJune 23, 2000
Docket99-CA-2190
StatusPublished

This text of 768 So. 2d 628 (State Ex Rel. Ms) 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. Ms, 768 So. 2d 628, 1999 La.App. 4 Cir. 2190 (La. Ct. App. 2000).

Opinion

768 So.2d 628 (2000)

STATE of Louisiana in the Interest of M.S., et al.

No. 99-CA-2190.

Court of Appeal of Louisiana, Fourth Circuit.

June 23, 2000.

*629 Victor Papai, Nicole Pittman, Orleans Indigent Defender Program, New Orleans, Louisiana, Counsel for Appellant.

Linda A. Mitchell, Department of Social Services, New Orleans, Louisiana, Counsel for Appellee.

Court composed of Judge STEVEN R. PLOTKIN, Judge DENNIS R. BAGNERIS, Sr., and Judge PHILIP C. CIACCIO, Pro Tem.

BAGNERIS, Judge.

This is a suspensive appeal from a judgment of the trial court terminating a mother's parental rights to her three children. Finding no manifest error in the trial court's determination, we affirm.

*630 FACTS AND PROCEDURAL HISTORY

M.T.[1] is the Mother of the three minor children involved in this matter. On May 2, 1996, a Bill of Information was filed in Criminal District Court, Orleans Parish, alleging that on January 21, 1996, M.T. committed acts of cruelty against one of her minor children. Subsequently, on July 15, 1996, M.T. pled guilty in Orleans Parish Criminal Court, Section F, Case Number 382-909, to one count of Cruelty to a Juvenile pursuant to La. R.S. 14:93. She was sentenced to 5 years incarceration at the Louisiana Correctional Institute for Women in St. Gabriel, Louisiana. M.T. is presently located in St. Gabriel.

The record in this case indicates that Christopher Shilow was listed as the legal father of all three children; however, he executed Voluntary Acts of Surrender for Adoption in relation to all three children on October 15, 1998. Christopher Shilow is not the biological father of any of the children. Rather, testimony elicited at trial revealed that the biological father of the two older children is Carl Turner. Both Mr. Turner and M.T. acknowledged his paternity of the two older children in court. M.T. also testified that the alleged biological father of the youngest child is a man by the name of Harrison Winfield[2]. Mr. Winfield has taken no action to acknowledge paternity of this child in any way, and his whereabouts are presently unknown.

On April 29, 1999, the State of Louisiana, Department of Social Services, Office of Community Services ("DSS/OCS") filed a Petition for Termination of Parental Rights against M.T. under Louisiana Children's Code Article 1015(3). According to Paragraph XII, subsection (a), of the Petition of Termination, M.T.'s misconduct toward the minor child named in the Bill of Information "constituted extreme abuse, cruel and inhuman treatment" as follows:

a) On January 21, 1996, [M.T.] committed cruelty to a juvenile, namely [S.M.S.], by making her kneel on the kitchen floor from Friday afternoon until Sunday evening, while depriving her of food and/or the use of a restroom, as well as choking and beating the child repeatedly with a stick, paddle and chopping block.
b) As a result of this behavior towards [S.M.S.], [M.T.] was convicted of Cruelty to a Juvenile, La. R.S. 14:93, in Orleans Parish Criminal Court Case No. 382-909F on July 15, 1996."

In Paragraph XIV of this same Petition, the State sought termination of Carl Turner and Harrison Winfield's parental rights under Louisiana Children's Code Article 1015(4). The State basically argued that for more than six consecutive months, the Fathers failed to provide any monetary, physical or emotional support for the children, essentially abandoning them.

After trial of this matter, in a Judgment dated July 15, 1999, Judge Ernestine Gray terminated the parental rights of both of the Fathers, as well as those of the Mother, M.T. This termination freed the children for adoption. In her oral reasons for judgment, the juvenile court judge stated as follows:

So the only question before the Court... was whether or not in this case in this Court's view, the behavior that the mother was convicted of was of such a nature to warrant termination. Everybody agreed that that was the issue that I was supposed to decide. As I read that, that was the only outstanding issue that was identified. Whether or not the mother's behavior was so detrimental *631 that her rights should be terminated as to any of the children ... including the child who is the subject of the abuse.
Having heard the testimony in this case and considering the evidence presented by the State, the Court would find that in this case the parental rights of both the mother ... and of the fathers... should be terminated as to these children, freeing them for adoption.

It is from this ruling that the Mother now appeals.

LAW AND ANALYSIS

In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. The parents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children warranting great deference and vigilant protection under the law, State ex rel. J.A., 99-2905 (La.1/12/00), 752 So.2d 806; Lassiter v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640(1981), and due process requires that a fundamentally fair procedure be followed when the state seeks to terminate the parent-child legal relationship, State ex rel. J.A., supra; State in Interest of Delcuze, 407 So.2d 707 (La.1981). However, the child has a profound interest, often at odds with those of his parents, in terminating parental rights that prevent adoption and inhibit establishing secure, stable, long-term, and continuous relationships found in a home with proper parental care. State ex rel. J.A., supra; Lehman v. Lycoming County Children's Services Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982); see also State in the Interest of S.M., 98-0922 (La.10/20/98), 719 So.2d 445, 452. In balancing these interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent. State ex rel. J.A., supra; See, e.g., State in the Interest of S.M., 719 So.2d at 452; State in the Interest of A.E., 448 So.2d 183, 186 (La.App. 4 Cir.1984); State in the Interest of Driscoll, 410 So.2d 255, 258 (La.App. 4 Cir.1982).

The State's parens patriae power allows intervention in the parent-child relationship only under serious circumstances, such as where the State seeks the permanent severance of that relationship in an involuntary termination proceeding. The fundamental purpose of involuntary termination proceedings is to provide the greatest possible protection to a child whose parents are unwilling or unable to provide adequate care for his physical, emotional and mental health needs and adequate rearing by providing an expeditious judicial process for the termination of all parental rights and responsibilities and to achieve permanency and stability for the child. The focus of an involuntary termination proceeding is not whether the parent should be deprived of custody, but whether it would be in the best interest of the child for all legal relations with the parents to be terminated. State ex. rel. J.A., supra; La. Child. Code art. 1001.

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Related

Santosky v. Kramer
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State in Interest of Delcuze
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State ex rel. J.A.
752 So. 2d 806 (Supreme Court of Louisiana, 2000)
State ex rel. M.S.
768 So. 2d 628 (Louisiana Court of Appeal, 2000)

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Bluebook (online)
768 So. 2d 628, 1999 La.App. 4 Cir. 2190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ms-lactapp-2000.