State ex rel. P.F.

197 So. 3d 745, 2016 La. App. LEXIS 1217, 2016 WL 3417747
CourtLouisiana Court of Appeal
DecidedJune 22, 2016
DocketNo. 50,931-JAC
StatusPublished
Cited by12 cases

This text of 197 So. 3d 745 (State ex rel. P.F.) 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. P.F., 197 So. 3d 745, 2016 La. App. LEXIS 1217, 2016 WL 3417747 (La. Ct. App. 2016).

Opinion

WILLIAMS, J.

| ;This matter involves four young children who were placed in the custody of the Louisiana Department of Children and Family Services (“DCFS”) over 2 1/2. The juvenile court entered a judgment changing the goal of the permanent case plan from reunification with the parents to adoption. The mother has appealed that ruling. For the following reasons, we affirm.

FACTS

A.F. (“the mother”) is the 28-year-old mother of five children: A.F., born February 5, 2005; K.F., born May 21, 2007; P.F., bom August 7, 2008; and twins, C.F. and C.F., bom June 25, 2009. H.T. (“the father”) is the biological father of the five children.

At some point, the mother went to Texas, where she remained for an extended period of time. On November 18, 2013, DCFS received a report of physical abuse against one of the twins. The report stated that the four-year-old boy had a large bruise on his buttocks and a bruise on his side “in the shape of a belt.”

A DCFS investigation revealed that the mother had left the five children in the care of Marquerite Odom, an acquaintance who has been described as having “comprehension issues” and being “developmentally delayed.”1 The DCFS investigator also learned that Odom and her brother, |2Robert Frost, had been physically abusing all of the children.2

The DCFS investigator interviewed Frost. He stated that he had been living in the home with Odom, his mother (Sandra Summerall) and the children for ap[747]*747proximately two years. Frost admitted that he often “spanked” the children with a wooden back scratcher “to teach them some discipline,” but he denied being aware that the wooden object had left bruises or marks on the children. Further, Frost admitted that he had spanked the children the previous night, because they had “trashed the living room” and had disobeyed Odom when she told them to go to bed.

The investigator also interviewed Sandra Summerall, the mother of Odom and Frost. Summerall stated that Odom and Frost would often spank the children and that she was “sorry that the situation had got[ten] this far out of hand.” Summerall admitted that she never attempted to protect the | ¡.children from the abuse, stating that she would go into another room when the spankings would occur. Further, Summerall described Frost as having “major anger issues” and Odom as having “comprehension issues and developmental delays that cause[d] her to be short-tempered with the children.” Summerall further admitted that she had spanked the children in the past, but stated that, she had “never left any bruises.” She stated, however, that Odom and Frost would “spank the kids really hard, and they ha[d] left marks and bruises on the kids.”3

Additionally, the DCFS investigator interviewed Odom. She stated that the children had been left in her care for approximately four years and she had not received any assistance from the children’s parents or grandparents. Odom also stated that the mother had last visited the children “around Easter” of 2013. She admitted that she was aware that Frost had spanked the children the previous day because she “heard them crying.” According to Odom, she told Frost, “That’s enough.” However, he “cursed her out” and contin-uéd to hit the children.4

The DCFS investigation also revealed that Odom and :her family lived in a two-bedroom home. Odom, Summerall and the five children shared one bedroom; Frost occupied the other bedroom.5 According to the DCFS investigator, the conditions of the home were deplorable: trash, feces and | ¿piles of clothing, littered the floors throughout the house. Additionally, the investigator noted that “unclean dishes” were around the house, and the kitchen contained “spoiled food in the sink and on the counter tops and several pots on the stove with molded sour food on it.”

Initially, the DCFS worker assigned to the case was unable to locate the mother. Subsequently, DCFS learned that the mother “might be in Texas” and that she had not visited the children since April 2013.

On November 19, 2013, an instanter order was entered and the children were placed in the temporary custody of DCFS. On November 21, 2013, a continued custody hearing was held. Although the parents of the children did not appear, the attorneys who had been appointed to represent the parents were present.6 The [748]*748attorney appointed to represent the children was present and waived the children’s presence. The DCFS case worker’s affidavit was introduced into evidence. The juvenile court found that there were reasonable grounds to believe the children should remain in the .custody of DCFS. The court also appointed a Court Appointed Special Advocate (“CASA”) volunteer to advocate the interests of the children.

On December 19, 2013, the .state filed a petition to declare the children in need of care, pursuant to LSA-Ch.C. art. 606. The state alleged as' follows: the children had been physically abused by one of their caretakers; the children suffered from lack of shelter due to the actions of their caretaker; and, the children suffered from dependency because “the | ¿parents are missing and the caretakers have not been caring for the children properly.” .

A hearing was held on January 6, 2014. The parents of the children appeared in court with counsel and entered a general denial of the allegations. The juvenile court expressed the seriousness of the matter and advised the parents as follows:

The results of- these proceedings could ultimately end up with a permanent removal of your children from your care and custody. So these are very serious proceedings and I urge you to work carefully with your attorneys. I also urge each of you to make sure you’re communicating with your case worker, that you understand what is being required, of you in your case plan, and that you make every effort possible to complete the case plan.

Both parents stated that they understood the juvenile court’s comments and instructions.

An adjudication hearing was held on February 6,' 2014, during which the parents stipulated that the children were in need of care. The juvenile court found that there was a factual basis for the finding that the children were in need of care and signed a judgment to that effect.

Thereafter, a series of case review and permanency hearings were held. During the hearings, the evidence established that the parents were working on their case plans. The mother had obtained employment and had secured adequate housing for herself and the children. Additionally, she had completed a mental health assessment and a substance abuse assessment (all of the mother’s drug screens were negative). Throughout the proceedings; the-case plan provided, “The goal is reunification and the [ (¡concurrent goal is adoption.”

■ By March 2014, the four younger children had been placed in'counseling due to varying degrees of mental and behavioral issues. Subsequently, K.F. was diagnosed with • bipolar disorder, post-traumatic stress disorder (“PTSD”) and attention deficit hyperactivity disorder (“ADHD”). He exhibited disruptive and sometimes violent behavior in the Children’s Home and at school. P.F. was also diagnosed with ADHD. He displayed “violent temper tantrums” and aggressive behavior, and he was reported to be disobedient and defiant. He also experienced night terrors as a result of the physical abuse he had endured.

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Cite This Page — Counsel Stack

Bluebook (online)
197 So. 3d 745, 2016 La. App. LEXIS 1217, 2016 WL 3417747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pf-lactapp-2016.