State ex rel. N.C.

184 So. 3d 760, 2015 La. App. LEXIS 2288, 2015 WL 7280711
CourtLouisiana Court of Appeal
DecidedNovember 18, 2015
DocketNo. 50,446-JAC
StatusPublished
Cited by19 cases

This text of 184 So. 3d 760 (State ex rel. N.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. N.C., 184 So. 3d 760, 2015 La. App. LEXIS 2288, 2015 WL 7280711 (La. Ct. App. 2015).

Opinions

PITMAN, J.

_JjThe State of Louisiana, Department of Children and Family Services (“DCFS”), appeals a modification of a judgment of disposition in which the trial court granted guardianship to appellees Scott and Christy Fordham. For the following reasons, we affirm.

FACTS

In August 2013, minor half siblings N.C. (a male born on October 10, 2006) and M.G. (a female born on December 29, 2011) came into state care following a report that M.G. suffered cigarette burns on her arms and legs. DCFS placéd the children with certified foster parents, the Fordhams.

On September 18, 2013, the DCFS filed a petition stating that N.C. and M.G. are minor children in need of care, alleging that the children suffered from neglect due to. the actions of their mother abusing drugs on a daily basis.

On September 23, 2013, DCFS filed a motion and order to approve the case plan presented to the juvenile court, stating that N.C. and M.G. had been placed in the custody of DCFS and then placed together with foster parents, i.e., the Fordhams. The plan’s stated primary- goal was reunification with a secondary goal of adoption.

In October 2013, N.C. and M.G. were adjudicated children in need of care. On March 11, 2014, the trial court filed an adjudication/disposition judgment finding that the state proved the allegations of the petition and that the evidence warranted adjudication of children in need of card. It ordered that custody be maintained with DCFS and found it was in the best interest of the children to be removed from the custody of the parents.

|2On June 20, 2014, the trial court filed a permanency hearing/case review judgment. It noted that DCFS made reasonable efforts to prevent removal and to reunify the family, including attempting to locate family members with whom the children could be safely placed and creating a case plan to help the family toward reunification. It ordered that custody be maintained with DCFS, that DCFS and -the [762]*762parents comply with the case plan, that the parents have the right of supervised visitation and that a, permanency hearing be held every year.

On August 7, 2014, the Fordhams filed a petition to intervene. They noted that N.C. had been placed in a different foster home, while. M.G.-remained in their home. They stated their desire to facilitate M.G.’s permanent placement. They expressed that they are deeply attached to M.G., that she has lived with them for almost one year and that they desire to adopt her if she become^' available for adoption. The trial court granted the Fordhams’ petition to intervene.

On August 18, 2014, DCFS filed a motion and order to approve ease plan. The case plan detailed that N.C. was placed with Debrah Hodgkins, a noncertified relative placement, that M.G. remained with the Fordhams and that the primary goal was reunification .with a secondary goal of adoption. It noted that DCFS completed home studies on the children’s grandmother and three great-aunts.

On September 15, 2Ú14, the Fordhams filed a petition for permanent.legal custody of M.G. They stated that several of the children’s aunts or great-aunts sought to have the children placed with family members. They | .-¡noted that M.G-. has bonded with them, that she has lived with them from the age of 20 months to 82 months and that it would be detrimental to her long-term, emotional well-being if she was removed from- their home. They stated that they prefer to adopt M.G., but sought permanent legal custody out of an abundance of caution..

On September 24, 2014, the trial court filed a permanency hearing/ case review judgment, which stated that custody of N.C. and M.G. was maintained with DCFS and that the goal had changed from reunification to adoption.

On October 21, 2014, the Fordhams filed a motion for provisional legal custody and motion to appoint independent psychologist They alleged that DCFS had begun introducing M.G. to relatives during,supervised visitation times and requested that DCFS be relieved of M.G.’s custody, with provisional custody granted to them.They also requested that the trial court order the children to be examined by a psychologist or psychiatrist to make a recommendation to the court as. to whether it would be in M.G.’s best interest to have her placement with the Fordhams -disrupted.

On January 5, 2015, DCFS filed a petition for involuntary termination of parental rights and certification for adoption.1

4On February 15, 2015, the trial court filed an order setting a review hearing, setting a hearing on the motion for provisional legal custody, allowing DCFS to have the children evaluated by Melanie Clark at DCFS’s expense and allowing the Fordhams to have the children evaluated by a mental health care professional at their expense. It noted that the purposes [763]*763of the evaluations were to help the court evaluate the bond between the siblings, the risk of aggressive behavior by; N.C. toward M.G., whether it would be detrimental to separate the siblings and whether it would be detrimental to M.G. to be separated from the Fordhams.

The trial on the motion for provisional legal custody began on February 19, 2015. Sarah Thompson, a licensed professional counselor and a registered play therapist,2 testified that N.C. and M.G. were clients of hers and that she met with N.C. for 12 sessions and M.G. for 6 sessions. She noted that she met with N.C. while he lived with the Fordhams; while he lived with a second foster family, the Buxtons; and while he lived with his aunt, Ms. Hodgkins. Ms. Thompson testified that, during the sessions when N.C. lived with the Fordhams, she learned from Mrs. Fordham that N.C. was- aggressive toward M.G., so she recommended that N.C. be placed in a separate foster home. She stated that this recommendation was based on her conversations with Mrs. Fordham, her sessions with N.C. and her conversations with social worker Articia Barker. She noted that Mrs. Fordham mentioned burn marks on M.G., so. she asked N.C. about them. N.C. responded that he accidentally burned M.G. with a long white Robject. Ms. Thompson noted that she did not observe N.C. and M.G. together (and, therefore, did not observe any aggression) and .that N.C. seemed to love M.G., but did not talk about her much. She stated that, after N.C. was moved into a separate foster home, she asked him how he felt about being separated from M.G. He responded that he was sad, but he did hot show any emotion. Ms. Thompson testified that Mrs. Buxton reported concerns about N.C.’s aggressive behavior toward her daughter, i.e., he hit her and pushed her into a shelf.' She stated that, in response, she held a session with N.C. about anger management and that N.C. expressed that he gets angry with his foster sister and that he wanted a- brother instead of a sister. She stated that N.C. seemed to be doing “great” while “happily” living with Ms. Hodgkins. She testified that,, while living with Ms. Hodgkins, N.C. expressed, “We’ve got to get [M.G.] back.” his. Thompson stated. that she believes there would be some detrimental effects from removing M.G. from the Fordhams’ home because she has lived there for over a year and has bonded with them.

Scott Fordham, a lineman for Entergy, testified that he is married to • Christy Fordham and is the foster father of M.G. He stated that M.G. has lived with them since August 2013 and that N.C. lived with them from August 2013 to February 2014. He further stated that he witnessed violence between N.C. and M.G., specifically that N.C.

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Cite This Page — Counsel Stack

Bluebook (online)
184 So. 3d 760, 2015 La. App. LEXIS 2288, 2015 WL 7280711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nc-lactapp-2015.