State ex rel. of B.R.C.

209 So. 3d 836, 16 La.App. 3 Cir. 273, 2016 La. App. LEXIS 2362
CourtLouisiana Court of Appeal
DecidedDecember 21, 2016
Docket16-273
StatusPublished
Cited by1 cases

This text of 209 So. 3d 836 (State ex rel. of B.R.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. of B.R.C., 209 So. 3d 836, 16 La.App. 3 Cir. 273, 2016 La. App. LEXIS 2362 (La. Ct. App. 2016).

Opinion

THIBODEAUX, Chief Judge.

| ¶J.W.,1 the biological father of B.R.C., appeals the trial court’s judgment terminating his parental rights. At the trial level, the State of Louisiana, through the Department of Children and Family Services (“DCFS”), contended that J.W. had not completed any component of his court-approved case plan, with the exception of attending parenting classes and scheduling a substance abuse evaluation as trial approached. J.W. claimed that his efforts were sufficient to maintain his parental relationship. The trial court determined that there was no reasonable expectation that J.W.’s conduct would significantly improve. Further, that it was in B.R.C.’s best interest to terminate J.W.’s parental rights. For the reasons that follow, we affirm.

I.

ISSUES

We shall consider:

1. whether the trial court manifestly erred in terminating J.W.’s parental rights; and
2. whether the trial court erred by refusing to hear testimony and consider evidence regarding B.R.C.’s paternal grandmother’s interest in adopting him, if J.W.’s parental rights were terminated.

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FACTS AND PROCEDURAL HISTORY

B.R.C. and his siblings came into the custody of DCFS because of their mother’s substance abuse and lack of supervision. At the time, B.R.C.’s biological father, J.W., could not be located. B.R.C. and his siblings were adjudicated as children in need of care ten days later. He was placed in a foster home and currently resides in that home with his sister. A case plan was created for J.W. with an aim toward reunification with a concurrent goal of adoption.2 After noncompliance with his case plan, DCFS sought to terminate J.W.’s [839]*839parental rights pursuant to La.Ch.Code. arts. 1015(4) and 1015(5) so that B.R.C. can be freed for adoption.

A termination proceeding was held. Thereafter, the trial court cited La.Ch. Code. art. 1015(5) and determined that DCFS proved, by clear and convincing evidence, there was no reasonable expectation that J.W.’s conduct would improve significantly. Further, that termination of J.W.’s parental rights was in the best interest of B.R.C.3 J.W. now appeals that ruling.

III.

STANDARD OF REVIEW

A trial court’s findings on whether or not parental rights should be terminated are subject to the manifest error standard of review. State ex rel. K.G., 02-2886 (La. 3/18/03), 841 So.2d 759. Pursuant to this standard, we may not set aside any factual findings of the trial court unless the findings are manifestly erroneous or, | sin other words, are clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

IV.

LAW AND DISCUSSION

A. Whether the trial court manifestly erred in terminating J.W.’s parental rights.

J.W. contends that DCFS failed to prove by clear and convincing evidence that there was no reasonable expectation for significant improvement in his condition or conduct. J.W. admits that he did not complete his case plan prior to the termination hearing. However, he states that he put forth effort to complete the plan. He notes that he and his mother (the child’s grandmother) established a relationship with the child prior to entering DCFS’s custody. He states that visiting the child was difficult because he lived more than 100 miles away. Before the original November 16, 2015, trial date, he maintains that he: (1) visited B.R.C. in Baton Rouge; (2) had his home inspected; (3) participated in a Family Team Conference; and (4) appeared at numerous court hearings which required him to travel from St. Charles Parish to Lafayette Parish for each appearance. Further, after the trial was continued to December 14, 2015, he began parenting classes and scheduled a substance abuse evaluation. Given the above efforts, J.W. argues that the trial court erred in finding that the DCFS proved, by clear and convincing evidence, that there is no reasonable expectation of significant improvement in his condition or conduct.

DCFS argues that the trial court did not err in terminating J.W.’s parental rights. It avers that except for J.W.’s last-ditch effort to attend parenting classes, J.W. failed to comply substantially with his case plan. It contends that it is Lin B.R.C.’s best interest to terminate J.W.’s parental rights because: (1) there is no reasonable expectation that J.W.’s conduct or condition will improve; (2) it has an obligation to ensure that B.R.C. has safe and stable parental care; and (3) since July 2015, B.R.C. has been with foster parents, who have provided him a “stable, loving and secure home and proper parental care” and are willing to adopt him.

The Louisiana Supreme Court has held that in an involuntary termination proceeding, two private interests must be balanced — those of the parent and those of the child. State in the Interest of J.A., 99-[840]*8402905 (La. 1/12/00), 752 So.2d 806. “[P]ar-ents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children[.]” Id. at 810 (citing Lassiter v. Dept. of Social Services, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981)).

Further, “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.” Id. at 810-11 (citing Lehman v. Lycoming County Children’s Serv.’s Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982)).

In balancing these interests, the interest of the child is paramount. It must be considered over that of the parent. Id. at 806. The primary concern of a termination of parental rights proceeding is to secure the best interest of the child. La. Ch.Code art. 1001. “Nonetheless, courts must proceed with care and caution as the permanent termination of the legal relationship existing between natural parents and the child is one of the most drastic actions the State can take against its citizens.” State in the Interest of J.A., 752 So.2d at 811.

Louisiana Children’s Code Article 1015 provides the statutory grounds by which a court may involuntarily terminate the rights of a parent. Only Rone ground needs to be established, but the court must also find that termination is in the best interest of the child. State in the Interest of ML, 95-45 (La. 9/5/95), 660 So.2d 830. The trial court found that DCFS proved by clear and convincing evidence that termination of J.W.’s parental rights was warranted under La.Ch.Code art. 1015(5) amended by 2016 La. Acts No. 608, § 1. This article states that:

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Bluebook (online)
209 So. 3d 836, 16 La.App. 3 Cir. 273, 2016 La. App. LEXIS 2362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-of-brc-lactapp-2016.