State ex rel. P.J.

104 So. 3d 517, 2012 WL 3970652
CourtLouisiana Court of Appeal
DecidedSeptember 12, 2012
DocketNo. 47,550-JAC
StatusPublished
Cited by4 cases

This text of 104 So. 3d 517 (State ex rel. P.J.) 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.J., 104 So. 3d 517, 2012 WL 3970652 (La. Ct. App. 2012).

Opinion

CARAWAY, J.

| , In this child in need of care proceeding, three children were removed from the custody of the mother and stepfather following an incident of physical abuse. The children were adjudicated in need of care. At the dispositional hearing, the juvenile court continued custody of the three minor girls to their father and ordered the mother to pay child support to the father. Disagreeing with this result and the continued loss of custody of her daughters, the mother appealed. We affirm.

Facts and Procedural History

The children in this case, PJ, date of birth (DOB) 6/14/04, WJ, DOB 8/10/05, and HJ, DOB 6/27/06, were adjudicated in need of care. The case began in 2011 when Department of Child and Family Services (“DCFS”) received a complaint regarding a bruise on one of the minor children. Krystal Onellion (“Onellion”), a DCFS employee, investigated the complaint. On September 16, 2011, Onellion arrived at the mother’s residence. Due to the lack of cooperation by the mother of the children and the stepfather, Onellion left in order to obtain police assistance.

Later that day, Onellion returned with a police escort. Upon investigation, she observed a bruise under HJ’s eye. According to Onellion’s report, “the story was consistent with all three children who stated that they did get whipped this morning by the stepfather with an extension cord and HJ was hit in the eye with the extension cord this morning.” Onellion’s report also stated that PJ, one of the three children, “doesn’t know where the mark on HJ’s eye came from.” Nevertheless, PJ, |2WJ, and HJ admitted that both their mother and stepfather have whipped them with an extension cord. MC, the 12-year-old child of the mother, told Onellion that usually the children are whipped with belts but one time they were whipped with an extension cord. However, MC stated that HJ bruised her eye when she ran into a wall.

As a result of HJ’s bruise and the children’s statements, Onellion initially gave [519]*519the mother two choices — the mother could either leave with the children or have the stepfather leave the house while an investigation was conducted. While the stepfather appeared willing to leave, the mother refused to allow him to leave. As a result, Onellion removed the children from the ' home. While removing the children, the mother and stepfather acted in a threatening manner and attempted to prevent the removal of the children, to the point of damaging the police vehicle. Initially, five children were removed from the house, but KT, the daughter of the stepfather, and MC were picked up by other relatives.

After removing PJ, WJ and HJ from their home, DCFS immediately applied for and was granted an emergency Instanter Order. As a result, the children were placed in foster homes. On September 19, 2011, the court granted an Instanter Order giving temporary custody of the three minor children to DCFS. At the time, the children were to remain in foster care.

On September 21, 2011, the court held a hearing on the issue of continued custody. During this hearing, the CARA Center’s exam, conducted by Dr. Jennifer Rodriguez, was revealed. The results of HJ’s physical exam gave the juvenile court reasonable grounds to believe that the Ischildren were in need of care. While the investigating doctor, Dr. Rodriguez, did not note any bruise or abrasion on HJ’s eye, the exam did reveal that HJ had loop-shaped bruises on each of her legs. While PJ and WJ’s exams were not conducted in time for the hearing, they were examined the following day and their exams revealed no injuries. At this hearing, the juvenile court granted the father temporary custody of his three minor children. In addition, the court ordered home studies of the father, mother, and stepfather. The mother was permitted supervised visits with her children, and the court appointed Court Appointed Special Advocate (“CASA”) for the children. Finally, the court issued a protective order barring the use of corporal punishment upon the children and requested that DCFS develop a case plan.

On October 4, 2011, the children, including KT and MC, were interviewed by Jennifer Flippo, an employee of the Gingerbread House. KT was interviewed first and she stated that she had never seen the children being whipped. MC stated that HJ “ran into a wall while playing hide and seek.” Both of the statements by the older siblings were consistent with the ones they provided to DCFS on September 16, 2011.

The three younger children, PJ, WJ and HJ, recalled being whipped by their mother and stepfather. PJ testified that her mother and stepfather whipped them with an extension cord and a back scratcher. She stated her stepfather hit her on the back and rear, and that her mother hit her in the eye with the extension cord. She claimed that she was scared of her mother.

RHJ indicated that her stepfather hit her in the eye with the extension cord, leaving the mark, and not her mother. She could not explain why she was hit with the extension cord, but she noted that she did not like her stepfather. HJ also stated that she, referring to her mother, has hit her with a white extension cord and a gray and white stick.

WJ, the last child to be interviewed, stated that she was whipped with a white extension cord everywhere. In contrast to all of the other children and her prior statement, she said that KT had been whipped with the extension cord in the past. She stated that her mother has never hit her or her sisters in the face with an extension cord. While she relayed that she was scared of her mother and stepfather, she later indicated that she would [520]*520like to see her mother. During this taped interview, all three of the younger children recalled their own trauma of being hit with a white extension cord, and they all agreed that it left a mark.

On October 17, 2011, the mother and stepfather were arrested for negligent injury. The following day, the State filed their child in need of care (“CINC”) petition. Using Onellion’s report, the CARA Center exam results, and the Gingerbread house interviews, the State set forth facts and allegations of abuse warranting an adjudication of CINC, as set forth in La. Ch.C. art. 601, et seq.

On December 16, 2011, the court held an evidentiary hearing on this case in order to determine whether there were reasonable grounds to believe that the children were CINC. All of the attorneys stipulated to the | ¿introduction of the Gingerbread House tape into evidence and represented that they had previously reviewed it.

Concerning the testimony of the children at the hearing, all parties agreed upon the proper procedure for questioning the three younger children. The children were to be situated in a conference room, and everyone submitted their questions to Mr. Lillian, the children’s attorney, who conducted the entire interview with them. During this interview, HJ admitted that her mother had discussed the incident with her. For the first time, HJ mentioned bruises on her legs. First, she stated that the bruises were a result of her mother hitting her with either an extension cord or a belt, but she later conveyed that WJ caused the bruises when she hit her with a jump rope. WJ testified that HJ bruised her eye when she ran into a wall. PJ testified that HJ ran into a wall and received the bruise under her eye. As for the bruises on her legs, PJ stated that WJ hit HJ in the legs with the jump rope.

Dr. Rodriguez testified at the hearing.

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Bluebook (online)
104 So. 3d 517, 2012 WL 3970652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pj-lactapp-2012.