State Ex Rel. RC v. Clarke

743 So. 2d 843, 1999 WL 974340
CourtLouisiana Court of Appeal
DecidedOctober 27, 1999
Docket33,023-JAC
StatusPublished
Cited by11 cases

This text of 743 So. 2d 843 (State Ex Rel. RC v. Clarke) 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. RC v. Clarke, 743 So. 2d 843, 1999 WL 974340 (La. Ct. App. 1999).

Opinion

743 So.2d 843 (1999)

STATE, in the Interest of R.C., R.C. and D.E., Plaintiff-Appellee,
v.
Ginger CLARKE and Billy R. Everett, Defendant-Appellant.

No. 33,023-JAC.

Court of Appeal of Louisiana, Second Circuit.

October 27, 1999.

*844 Billy Richard Everett, Appellant, in pro. per.

Audie Jones, Haughton, Counsel for Appellee, State of Louisiana through the Department of Social Services.

Michelle Dufour-Brown, Counsel for Appellee, Ginger Clarke.

Michael Wainwright, Shreveport, Counsel for R.C., R.C. and D.E.

Before NORRIS, C.J., and BROWN & PEATROSS, JJ.

PEATROSS, J.

This appeal arises from the trial court's approval of the Department of Social Service's ("the Department") plan to transfer guardianship of R.C., R.C. and D.E., ages 8, 8 and 3 respectively, the three minor children of appellant, Billy Everett, to their respective foster parents. Mr. Everett asserts 16 assignments of error and lists 10 issues presented to this court. Two of his assignments, numbers 5 and 10, are abandoned on appeal for failure to brief. Knotts v. Snelling Temporaries, 27,773 (La.App.2d Cir.12/6/95), 665 So.2d 657. The remaining assignments are consolidated into the following six issues: (1) whether the trial court erred in approving the plan of placing guardianship of R.C., R.C. and D.E. with their respective foster parents; (2) whether the trial court erred in not removing Social Services Specialist, Pam Jacobs Kenyon, as the foster worker; (3) whether the trial court erred in not clarifying its reasons for judgment rendered on March 2, 1999[1]; (4) whether the *845 trial court erred in not granting a request from Mr. Everett for production of documents; (5) whether the trial court denied Mr. Everett, his children and/or the prospective adoptive parent, Marsha E. Crnkovic, their due process rights throughout the child in need of care proceeding; and (6) whether the trial court erred in its decision as to the children's visitation with Mr. Everett. For the reasons stated herein, the judgment of the trial court is affirmed, but remanded with instructions.

FACTS AND PROCEDURAL BACKGROUND

On October 9, 1997, the Department received a call of neglect concerning R.C., R.C. and D.E. An investigation revealed that the mother, Ginger Clarke, had been arrested for battery on a police officer and resisting arrest which occurred when the officer was investigating the stabbing of Ms. Clarke's boyfriend. The officer reported that Ms. Clarke was intoxicated at the time of questioning and became violent, hitting the officer. The officer reported that the home was deplorable. There were no window panes and the door would not close completely. Bare mattresses lay on the floor among trash and clothing. The house was roach infested. The officer observed the youngest child, D.E., age 3, eating a roach. There was no food in the house. The children were filthy and unkempt. The officer also noted that D.E. had burn marks on the bottoms of his feet and that all three children appeared to have impetigo sores on them. Mr. Everett was incarcerated at that time and family members refused to take care of the children.

At 12:58 a.m. on October 10, 1997, Judge Gallagher issued an Oral Instanter Order which placed the children in the custody of the Department. Later that day, the Department filed a verified complaint. On October 13, 1997, a continued custody hearing was held and custody was continued with the Department. On November 12, 1997, a petition for child in need of care was filed. On December 1, 1997, both Ms. Clarke and Mr. Everett, with court-appointed attorneys, stipulated that the children were in need of care in accordance with La. Ch. C. art. 647. On December 16, 1997, a disposition hearing was held. Ms. Clarke and Mr. Everett were present at the hearing and stipulated to the Dispositional Report and Case Plan submitted by the Department. The plan was reunification with the mother. The trial court approved the plan and set the matter for judicial review on April 20, 1998. Mr. Everett and his court-appointed attorney were present at the April review. The Department's plan was again approved and set for review on October 26, 1998. At that time, Mr. Judd Tooke enrolled as counsel for the father and the matter was set for December 1, 1998. Neither Mr. Tooke nor Mr. Everett was present on December 1. The matter was set for contested dispositional and case review hearing on January 28, 1999. Ms. Clarke and her court-appointed attorney, the children and their court-appointed attorney and Mr. Everett and his attorney were all present at the review hearing. The Department submitted its case review and recommended a plan for the children, the goal of which was the transfer of guardianship to the children's foster parents. The basis for the Department's changing the plan was Ms. Clarke's failure to comply with the requirements of the plan of reunification. Therapy reports on the children, which were admitted into evidence without objection, also recommended transfer of guardianship to the foster parents. The children testified in chambers, expressing their desire to remain with the foster parents. Ms. Clarke also favored the Department's recommendation. *846 Mr. Everett testified, however, that he wanted guardianship of the children to be awarded to his friend, Ms. Marsha Crnkovic.

On March 2, 1999, the trial court issued written reasons for its decision, finding that it was in the best interest of the children to follow the Department's plan of working toward guardianship of the children with their respective foster parents. The two oldest children, R.C. and R.C., would remain with one set of foster parents in Blanchard, while the youngest child, D.E., would stay with another foster family in Shreveport. The plan was approved and the trial court further ordered visitation rights to the mother and reasonable contact with Mr. Everett, who was still incarcerated.[2] Judgment was rendered on April 22, 1999.

On May 11, 1999, Mr. Everett filed a motion for production of documents which was denied by the trial court. On May 18, 1999, Mr. Everett filed a motion to request clarification of judgment which was also denied by the trial court. Mr. Everett appeals.

DISCUSSION

Approval of the plan to place guardianship of the children with foster parents

As previously stated, on April 22, 1999, the trial court entered a Judgment of Disposition with respect to R.C., R.C. and D.E. which approved the Department's permanent plan to place guardianship with the children's respective foster parents.[3] In fashioning its permanent plan for the children, the Department is duty-bound to design a plan which is consistent with the best interests and special needs of the children. La. Ch. C. art. 675; State in the Interest of S.M., et al, 98-0922 (La.10/20/98), 719 So.2d 445. Likewise, the trial court, in reviewing such plan, is governed by the best interests of the children. Id.

Our review of the trial court's determination is governed by the manifest error standard. Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Absent a finding that the trial court's judgment was either clearly wrong or manifestly erroneous, it will not be disturbed on appeal. Under the manifest error standard, the linchpin is whether the trial court's findings are reasonable; even if the appellate court feels its own evaluation of the evidence is more reasonable, the trial court's findings cannot be reversed if they are in fact reasonable. Lewis v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
743 So. 2d 843, 1999 WL 974340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rc-v-clarke-lactapp-1999.