State ex rel. R.L.T.

30 So. 3d 1085, 2010 La. App. LEXIS 106
CourtLouisiana Court of Appeal
DecidedJanuary 27, 2010
DocketNo. 45,168-JAC
StatusPublished
Cited by1 cases

This text of 30 So. 3d 1085 (State ex rel. R.L.T.) 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. R.L.T., 30 So. 3d 1085, 2010 La. App. LEXIS 106 (La. Ct. App. 2010).

Opinion

GASKINS, J.

11 S.M.T., the mother of S.A.T. and R.L.T., appeals from a trial court judgment terminating her parental rights and releasing the children for adoption. For the following reasons, we affirm.

FACTS

S.M.T. is the mother of S.A.T. (born in 2002) and R.L.T. (born in 2004). S.A.T.’s father is W.A.F. He is currently incarcerated in this state serving a 45-year sentence for attempted first degree murder. R.L.T.’s father is unknown. On April 18, 2007, the Louisiana Department of Social Services (DSS) received a report of abuse or neglect regarding the children. The mother had been arrested on drug charges at her boyfriend’s house. The children were left with her boyfriend’s relatives. Later, an unrelated friend of the maternal grandmother went to the house, at the grandmother’s request, and took the children.

The DSS obtained an oral instanter order from the trial court on April 18, 2007, removing the children from the custody of the friend and placing them in the custody of the DSS under foster care. The children were adjudicated in need of care on July 2, 2007. At the hearing, the mother stipulated that the children were in need of care.

The original goal of the DSS was to reunify the children with their parents. The DSS devised several case plans for the mother to work through to achieve reunification. As a result of her arrest on drug charges, the mother pled guilty to possession of Schedule II CDS on August 7, 2007. She was sentenced to four years at hard labor. It appears that the sentence was suspended and she was placed on two years’ supervised probation with |2special conditions. The mother did not fully comply with the conditions of her probation. On October 30, 2007, she was ordered to serve 90 days for a probation violation and was then placed back on probation. Although not clear from the record, it appears that the mother had another probation violation and eventually was ordered to serve a portion of her sentence.

[1088]*1088According to the DSS, the mother was in and out of jail during the time that the case plans for reunification were in place. Some of her requirements included completing parenting classes; attending a psychological evaluation and possible treatment; providing stable housing with working utilities; providing medical care for the children in a timely fashion; avoiding criminal activity upon being released from prison; submitting to a substance abuse assessment and completing any recommended treatment; submitting to random drug testing; visiting the children bimonthly; contributing financially to the children or providing token gifts for birthdays, etc.; keeping the case manager aware of any changes in her home such as financial status, employment status, and changes in address or phone numbers; providing the case manager with the names and addresses of family and/or friends for possible placement of the children other than foster care; and allowing the case manager to visit her home announced and unannounced.

The mother managed to complete parenting classes while incarcerated, but did not comply with any of the other requirements of the case plan. She refused to appear for drug testing or a psychological evaluation which had been arranged for her. She did not keep the case ^manager informed as to her whereabouts. The one time that she did appear for visitation, she arrived late. She did not contribute financially to the children.

S.A.T.’s father was unable to comply with any case plan for reunification due to his lengthy incarceration. R.L.T.’s father is unknown. The DSS made efforts to determine the identity of the child’s father, but was unable to do so. The mother offered no assistance in determining the identity of R.L.T.’s father.

On April 30, 2009, more than two years after the children were taken into custody, the DSS filed a petition for the involuntary termination of parental rights and certification for adoption. The DSS alleged that the children had been in the custody of the DSS for more than one year pursuant to a court order and there was no substantial parental compliance with the case plan. According to the DSS, there was no reasonable expectation of significant improvement in the parents’ condition or conduct in the near future. The DSS asserted that the best interest of the children required termination of the parental rights in order to allow the children to be freed for adoption.

A hearing on the termination of parental rights began on July 15, 2009. The hearing was reconvened on September 14, 2009. On that date, W.A.F. stipulated that he agreed to the termination of his parental rights to S.A.T.

On September 18, 2009, the court put reasons on the record, in open court, finding that when the mother was not in jail, she did not comply with the Lease plan. Therefore, the trial court terminated her parental rights as to the children. On September 21, 2009, a judgment was filed, terminating the mother’s parental rights to S.A.T. and R.L.T., terminating W.A.F.’s parental rights as to S.A.T., and terminating the parental rights of the unknown father as to R.L.T.

The mother appealed. She argues that the trial court erred in terminating her parental rights without first requiring the DSS to demonstrate that reunification efforts were not required as set forth in La. Ch. C. ai't. 672.1. She also contends that the trial court erred in terminating her parental rights to R.L.T. and S.A.T. based upon a finding that the requirements of La. Ch. C. art. 1015(4), (5), or (6) had been satisfied.

[1089]*1089COMPLIANCE WITH LA. CH. C. ART. 672.1

The mother claims that the trial court erred in terminating her parental rights ■without first requiring the DSS to file and prove a La. Ch. C. art. 672.1 motion. This article allows the DSS to bypass the reunification efforts under certain circumstances. The mother believes that this article is a threshold requirement before her parental rights can be terminated. This argument is without merit.

Legal Principles

La. Ch. C. art. 672.1 provides:

A. At any time in a child in need of care proceeding when a child is in the custody of the department, the department may file a motion for a judicial determination that efforts to reunify the parent and child are not required.
B. The department shall have the burden of demonstrating by clear and convincing evidence that reunification efforts are not | ¿required, considering the health and safety of the child and the child’s need for permanency.
C. Efforts to reunify the parent and child are not required if a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to egregious conduct or conditions, including but not limited to any of the grounds for certification for adoption pursuant to Article 1015.
(2) The parent has committed murder or manslaughter of another child of the parent or has aided or abetted, attempted, conspired, or solicited to commit such a murder or manslaughter.
(3) The parent has committed a felony that results in serious bodily injury to the child or another child of the parent.
(4) The parental rights of the parent to a sibling have been terminated involuntarily.
D.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Ex Rel. Rlt and Sat
30 So. 3d 1085 (Louisiana Court of Appeal, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
30 So. 3d 1085, 2010 La. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rlt-lactapp-2010.