State ex rel. N.B.

215 So. 3d 398, 2017 WL 603973, 2017 La. App. LEXIS 213
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2017
DocketNo. 51,374-JAC
StatusPublished
Cited by8 cases

This text of 215 So. 3d 398 (State ex rel. N.B.) 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. N.B., 215 So. 3d 398, 2017 WL 603973, 2017 La. App. LEXIS 213 (La. Ct. App. 2017).

Opinion

PITMAN, J.

I,Clarissa Hector Hammond appeals the judgment of the juvenile court which ruled that the goal of the case plan, regarding three of her children who had been removed from her care, should be permanently changed from reunification to a primary goal of adoption. For the following reasons, we affirm.

FACTS

On June 3, 2015, the Department of Children and Family Services (“DCFS”) received a report of a fatality involving a five-year-old female, hereafter, B.B. Her mother, Appellant, reported to law enforcement that her child had fallen from a tree into the Ouachita River and that she had been unable to retrieve the child. When authorities arrived and took the child to the hospital, neither the child nor her mother was wet. Russell Flowers, the man with whom Appellant lived, and the father of Appellant’s youngest child, P.B., was performing cardiopulmonary resuscitation (“CPR”) on B.B. CPR was continued by EMS until they reached the hospital, but B.B. was never revived. Authorities who questioned Appellant and Flowers at the family home concluded that the facts, as conveyed by the parties, were inconsistent with the evidence.

B.B.’s autopsy revealed that she did not drown, but, instead, had died from blunt force trauma to the head and lower extremities, which appeared to have been inflicted by a belt. Flowers was charged with second degree murder of B.B. Subsequently, Appellant was also charged with second degree murder of her child. The charges against both are still pending.

| ^Appellant is the mother of three other children, N.B., age seven; I.B., age five; and P.B., age two. Her former husband, Nicholas Brister, is the father of N.B. and I.B. and also the father of B.B,

On July 6, 2015, Ashlee Green of the DCFS filed an affidavit in support of an instanter order which stated that the State had received a report of alleged neglect/lack of adequate supervision, death by abuse and bruises concerning B.B. and the allegation of lack of supervision of N.B., I.B. and P.B. The surviving three children had bruises and otherwise showed signs of abuse and neglect. The affiant stated that there was good cause to remove the children from the custody of the parent/caretaker pending the completion of the investigation and the filing of reports to the district attorney. The instanter order was issued, and the three chil[400]*400dren were placed in the temporary custody of DCFS.

A Court Appointed Special Advocate (“CASA”) was appointed to represent the children. At a hearing to continue custody with the DCFS, Flowers stipulated to custody being maintained without admitting to the allegations against him, as did Appellant and Nicholas Brister. The court found that remaining in DCFS custody was in the best interests of the children, and they were eventually adjudicated as children in need of care.

The three children were originally placed in separate foster homes; however, according to the record, two of the children are now placed together in one home. The primary goal of their case plans was reunification, with a secondary goal of adoption. DCFS prepared a case plan for Appellant, which included domains for parenting, housing, income, mental health, substance abuse, visitation and domestic violence, and she began complying with the plan.

| ^Approximately a year after the children were placed in foster care, DCFS issued a recommendation that a change be made in the goal of the case plan from reunification to adoption. A report was written by DCFS to the trial court on June 1, 2016, and by the CASA on June 3, 2016, in anticipation of a permanency hearing, which was held on July 14, 2016.

At the permanency hearing, Yernata Delmore, a case worker for DCFS, reviewed Appellant’s case plan and stated that, as to housing, Appellant had moved several times while the case was pending. After leaving Flowers’ home, she lived with her parents and then moved to another house in West Monroe as a roommate with Tammy Jo Hammond.

In November 2015, Appellant married Lindsay Hammond, who is the daughter of her former roommate Tammy Hammond. She did not reveal her marriage to the DCFS prior to her family team meeting on December 9, 2015. She and her wife moved to a three-bedroom, two-bath home that is located in a quiet neighborhood. The home has adequate food and utilities. Ms. Del-more testified that Appellant’s housing history caused the agency concern because it appears she is unstable and moves frequently. Also, her new wife has a drug history.

Ms. Delmore further testified that Appellant had undergone a psychological assessment with Dr. James Pinkston, who stated he could find no evidence of psychological impairment or maladaptive personality trait sufficient to preclude her from parenting her three young children. In November 2015, Appellant began treatment with Dr. Beatrice Tatum to address grief and loss issues associated with the death of her daughter, as well as the loss she experienced due to the removal of her surviving children from her care. She also began parenting and domestic violence treatment 14with Dr. Tatum, which is ongoing. Dr. Tatum has informed the DCFS that Appellant is cooperating with the case plan and is still undergoing counseling. She is making progress, but has not completed the program. Appellant has agreed to random drug screens, and each screen has been negative.

Ms. Delmore also testified that the DCFS amended Appellant’s case plan to include her new wife and stated that it was concerned with the wife’s extensive criminal history, which includes numerous drug charges, simple battery, issuing worthless checks, simple criminal damage to property, theft and probation violations. The wife was referred to parenting classes and agreed to drug screens, all of which have been negative. The DCFS also received documentation showing that the wife had [401]*401completed substance abuse outpatient counseling at New Day Recovery. Her mental health assessment showed that she did not need services at that time. Ms. Delmore stated that Appellant’s wife is financially stable, pays the rent on the home and earns sufficient money to support Appellant and her children

When questioned about the children and whether they were thriving in their foster homes, Ms. Delmore testified that, after the initial placement of the children in three separate homes, N.B. was eventually placed in the same foster home as P.B., and them foster parent has indicated that she would like to adopt them. LB.’s foster parents have also indicated that they would be willing to adopt her should she became available for adoption. Ms. Del-more stated that the children were flourishing in their foster homes, that the foster families were in touch with each other so that the children were able to spend time with their siblings and that “this is about the greatest case as far as placement and matching.”

|BWhen asked about the paramount obstacle preventing reunification and in favor of adoption as a permanent plan, Ms. Del-more responded that the criminal charge of second degree murder against Appellant was still pending and her life appeared to be unstable. She also expressed concern about Appellant’s wife’s extensive criminal history. She stated that she was uncertain if Appellant had informed Dr. Pinkston, who had performed the mental health evaluation, that she had prescriptions for Klo-nopin, Trazodone and Cymbalta. She also discussed with the court a medical report for Appellant’s hospitalization in April 2016 that showed she was also taking OxyCon-tin.

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Cite This Page — Counsel Stack

Bluebook (online)
215 So. 3d 398, 2017 WL 603973, 2017 La. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nb-lactapp-2017.