State ex rel. of Z.C.

157 So. 3d 1204, 14 La.App. 3 Cir. 1082, 2015 La. App. LEXIS 268, 2015 WL 542899
CourtLouisiana Court of Appeal
DecidedFebruary 11, 2015
DocketNo. 14-1082
StatusPublished

This text of 157 So. 3d 1204 (State ex rel. of Z.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 Z.C., 157 So. 3d 1204, 14 La.App. 3 Cir. 1082, 2015 La. App. LEXIS 268, 2015 WL 542899 (La. Ct. App. 2015).

Opinion

GREMILLION, Judge.

|TIn this case, the mother, A.C., appeals the trial court’s judgment terminating her parental rights to her child, Z.C., born January 29, 2007.1 For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2011, Z.C. was placed in the custody of the State of Louisiana, through the Department of Children and Family Services (DCFS), pursuant to an instanter order following a May 2011 report that Z.C. had been left in the care of his grandmother and his mother could not be found. The grandmother told investigators from DCFS that she and her husband often cared for Z.C., that Z.C. reported traveling to many different locations where lots of men were, and that he slept in beds with lots of people he did not know. The grandmother further stated that Z.C. told her that he witnessed his father, C.C., throw a knife at his mother.2 The grand[1206]*1206mother believed that her daughter was using drugs because she rarely ate, complained of itching, and an intercepted text message sent by A.C. in which she refers to “tweaking.”3 A drug screen of A.C. was positive for marijuana.

The petition to adjudicate Z.C. in need of care was based on the neglect of A.C., pursuant to La.Ch.Code art. 603(14). Z.C. was adjudicated in need of care in September 2011. Various case plans were instituted, and permanency hearings were held. The original case plan of June 2011, set forth various goals for reunification, including obtaining employment, undergoing a psychological | ^evaluation, submitting to random drug screens, participating in substance abuse assessments and treatment, if necessary, and attending parenting classes.

At the first review hearing in December 2011, DCFS reports indicated that A.C. had not been compliant, because she had not maintained stable housing or employment. Custody was continued with the state.

The next report to the court submitted by DCFS, dated April 10, 2012, found that A.C. “has been compliant with pursing [sic] most of her case plan goals.” A.C. found permanent employment in March 2012. DCFS determined that A.C. did not need substance abuse treatment but should attend Al-Anon meetings, which she had been doing. She completed an online parenting course. DCFS further reported that A.C. was cooperative with the weekly visitation schedule. The overall assessment was that A.C. was complying with some aspects of her case plan. Following an April 26, 2012 hearing, custody was maintained with the state.

The next report, dated September 19, 2012, found that A.C. had completed some of her case plan. The goal continued to be reunification with A.C. Following an October 3, 2012 hearing, custody was continued with the state.

Another hearing took place on December 20, 2012. This hearing report refers to a December 5, 2012 case plan, which is not in the record. This report states that “[A.C.] is no longer complying with her case plan.” Custody was continued with the State.

A March 11, 2013 letter to the trial court indicated that the case-plan goal was adoption, because A.C. was no longer compliant with her case plan. A May 9, 2013 letter to the court from DCFS stated that the agency had offered A.C. the opportunity to have weekly weekend visits with Z.C., but that she had faded to cooperate with this and other parts of her case plan. This letter indicates that ^adoption is the plan goal.4 The next report submitted by DCFS is dated May 13, 2013, and indicates that A.C. had not made any progress on her case plan since the last court hearing, primarily because of failure to keep in contact with the agency.5 Following a May 22, 2013 permanency and case-review hearing, the trial court found that A.C. was no longer complying with her case plan and continued custody with the state.

An October 17, 2013 letter from DCFS to the trial court continued to note A.C. as non-compliant with her case plan and a goal for Z.C. of adoption. Following a November 7, 2013 hearing, the trial court issued a report finding that “Case plans [1207]*1207goals are not being met. [A.C.] has not complied with any parts of her plan.” The trial court further determined that adoption would be the permanent plan for Z.C. and continued custody with the state.

The state filed a petition for termination of parental rights and certification for adoption in November 2013, claiming that the parents’ rights should be terminated due to abandonment and failing to provide significant contributions to the child’s care and support for any period for six consecutive months, pursuant to La.Ch.Code art. 1015(4). Following a January 14, 2014 trial, A.C.’s parental rights to Z.C. were terminated. A.C. filed a motion for new trial, which was denied on April 1, 2014. A.C. now appeals.

ISSUES

1. The State of Louisiana failed to prove that there had not been substantial parental compliance with a case plan for services which has been previously been filed.
[t2. The State of Louisiana failed to prove that there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future and the court did not find the same, but yet terminated parental rights.
8. The Mother was denied Due Process when the court allowed evidence to be presented, without prior notice, via the petition, and later when denied the right to present rebuttal testimony.
4. The mother was improperly denied a New Trial pursuant to La.Code Civ. Proc. art [sic] 1971 and 1972.

LAW AND DISCUSSION

We have stated that “[p]arental rights to the care, custody, and management of children is a fundamental liberty interest warranting great deference and vigilant protection under the law.” In re J.K., 97-336, p. 4 (La.App. 3 Cir. 10/29/97), 702 So.2d 1154, 1156; see also Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). Accordingly, a parent has a strong interest in the accuracy of a decision to terminate her rights. Lassiter v. Dep’t of Soc. Servs. of Durham County, NC, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). Thus, the Louisiana legislature has imposed strict standards that require the state to prove, by clear and convincing evidence, the grounds for termination under La.Ch.Code art. 1015 before a judgment can be issued terminating parental rights. In re J.K., 702 So.2d 1154.

This analysis requires a balancing of the child’s interests and the parent’s interests; however, it has been repeatedly held that the interests of the child are paramount to that of the parent. In re J.A., 99-2905 (La.1/12/00), 752 So.2d 806. In that case, the supreme court stated:

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 frights and responsibilities and to achieve permanency and stability for the child.

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Bluebook (online)
157 So. 3d 1204, 14 La.App. 3 Cir. 1082, 2015 La. App. LEXIS 268, 2015 WL 542899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-of-zc-lactapp-2015.