State ex rel. P.M.

86 So. 3d 165, 11 La.App. 3 Cir. 1362, 2012 WL 716448, 2012 La. App. LEXIS 270
CourtLouisiana Court of Appeal
DecidedMarch 7, 2012
DocketNo. 11-1362
StatusPublished

This text of 86 So. 3d 165 (State ex rel. P.M.) 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.M., 86 So. 3d 165, 11 La.App. 3 Cir. 1362, 2012 WL 716448, 2012 La. App. LEXIS 270 (La. Ct. App. 2012).

Opinion

SAUNDERS, Judge.

|, This case involves the involuntary termination of parental rights of a mother and father of two children under La.Ch. Code art. 1015(5). The trial court found that neither parent substantially complied with the case plan nor was there any reasonable expectation that either parent’s conduct would significantly improve in the near future. Further, the trial court found that termination of each parent’s parental rights was in the best interest of the children. As such, the trial court terminated the mother and father’s parental rights and certified the children for adoption. We reverse.

FACTS AND PROCEDURAL HISTORY:

The Department of Children and Family Services (DCFS) became involved with a cohabiting family composed of mother, D.A., father, R.M., and two children, P.M. and H.M., following an incident where R.M. whipped P.M. with a belt. The DCFS created a safety plan and D.A. attended domestic violence counseling. The safety plan provided that R.M. was permitted only supervised visits with the children.

Thereafter, R.M. and D.A. apparently reconciled and R.M. requested that a new safety plan be enacted. The following day, the DCFS received an anonymous call that R.M. was with D.A. and the children at the house of D.A.’s sister. Upon arriving, the workers observed the four family members sleeping on an air mattress on the living room floor. The children were removed from the home and placed in the State’s custody on December 8, 2008.

A petition was filed on December 12, 2008, to adjudicate the children as in need of care. On January 5, 2009, the parties agreed that the children be adjudicated as such. A case plan wherein, inter alia, D.A. and R.M. would obtain |2steady housing and employment, seek mental health treatment, and attend parenting classes was established.

On August 20, 2010, a petition for termination of parental rights and certification for adoption was filed. A trial was held on May 6, 2011, wherein judgment was reached by the trial court that terminated the parental rights of D.A. and R.M. and certified the children for adoption. D.A. and R.M. have timely appealed.

ASSIGNMENTS OF ERROR D.A. AND R.M.:

1. The trial court erred in terminating the parental rights of D.A. and R.M. via concluding that her failure to more timely seek mental health treatment was sufficient to prove by clear and convincing evidence that she has not substantially complied with their case plan and that there was no reasonable expectation for further improvement in their condition or conduct in the near [167]*167future nor reasonable expectation that they would complete the case plan as deemed necessary for the safe return of the children.

2. The trial court erred in finding that termination was in the best interest of the children.

ASSIGNMENT OF ERROR NUMBER ONE:

D.A. contends in her first assignment of error that the trial court erred in terminating her parental rights. We find merit in this contention.

The trial court’s factual findings regarding involuntary termination of parental rights are reviewed under the manifest error/clearly wrong standard. State ex rel. H.M.D., 09-508 (La.App. 3 Cir. 4/7/10), 35 So.3d 426.

In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. The parents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children warranting great deference and vigilant protection under the |8law, Lassiter v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981), and due process requires that a fundamentally fair procedure be followed when the state seeks to terminate the parent-child legal relationship, State in Interest of Delcuze, 407 So.2d 707 (La.1981). However, 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. Lehman v. Lycoming County Children’s Servs. Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982); see also State in the Interest of S.M., 98-0922 (La.10/20/98), 719 So.2d 445, 452. In balancing these interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent. See, e.g., State in the Interest of S.M., 719 So.2d at 452; State in the Interest of A.E., 448 So.2d 183, 186 (La.App. 4 Cir.1984); State in the Interest of Driscoll, 410 So.2d 255, 258 (La.App. 4 Cir.1982).
The State’s parens patriae power allows intervention in the parent-child relationship only under serious circumstances, such as where the State seeks the permanent severance of that relationship in an involuntary termination proceeding. 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 rights and responsibilities and to achieve permanency and stability for the child. The focus of an involuntary termination proceeding is not whether the parent should be deprived of custody, but whether it would be in the best interest of the child for all legal relations with the parents to be terminated. LA. CHILD. CODE[ ] art. 1001. As such, the primary concern of the courts and the State remains to secure the best interest for the child, including termination of parental rights if justifiable grounds exist and are proven. 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. The potential [168]*168loss to the parent is grievous, perhaps more so than the loss of personal freedom caused by incarceration. State in the Interest of A.E., 448 So.2d at 185.

State in the Interest of J.A., 99-2905, pp. 7-9 (La.1/12/00), 752 So.2d 806, 810-11.

The trial court terminated D.A.’s parental rights under La.Ch.Code art. 1015(5), which states:

Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent’s custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return |4of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future, considering the child’s age and his need for a safe, stable, and permanent home.

In this case, there is no dispute that the children have been removed from D.A.’s custody via court order for at least a year.

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Related

State in Interest of Delcuze
407 So. 2d 707 (Supreme Court of Louisiana, 1981)
State in Interest of Driscoll
410 So. 2d 255 (Louisiana Court of Appeal, 1982)
State, in Interest of Ae and Jd
448 So. 2d 183 (Louisiana Court of Appeal, 1984)
State, in Interest of Sm
719 So. 2d 445 (Supreme Court of Louisiana, 1998)
State ex rel. H.M.D.
35 So. 3d 426 (Louisiana Court of Appeal, 2010)
Grasser Contracting Co. v. City of New Orleans
118 So. 841 (Louisiana Court of Appeal, 1927)

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Bluebook (online)
86 So. 3d 165, 11 La.App. 3 Cir. 1362, 2012 WL 716448, 2012 La. App. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pm-lactapp-2012.