State ex rel. R.W. v. J.L.W.

491 So. 2d 652, 1986 La. App. LEXIS 6233
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1986
DocketNo. 17845-CAJ
StatusPublished
Cited by5 cases

This text of 491 So. 2d 652 (State ex rel. R.W. v. J.L.W.) 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.W. v. J.L.W., 491 So. 2d 652, 1986 La. App. LEXIS 6233 (La. Ct. App. 1986).

Opinions

FRED W. JONES, Jr., Judge.

The State of Louisiana, through the Department of Health and Human Resources (“DHHR”), filed an action under La.R.S. 14:403 in the Monroe City Court, sitting as a juvenile court, alleging that RW, a five year old female, and KLW, a four year old male, were children in need of care as defined by Article 13(14)(a) of the Code of Juvenile Procedure (“CJP”).

Following a detention hearing, the juvenile judge removed the children from the home and custody of their mother, placed them in the legal custody of the DHHR, and gave their physical custody to the paternal grandparents pending further proceedings.

Later, after an extensive hearing, the juvenile court rendered judgment declaring the children to be in need of care; transferring their physical and legal custody to the father; ordering supervision by the DHHR for six months to coordinate visitation between the children and their mother; and directing that the children remain in professional counseling.

The mother appealed this judgment. For the reasons hereinafter explained, we affirm the judgment of the juvenile court.

A “child in need of care” is defined, in part, as one:

Whose parent inflicts, attempts to inflict, or, as a result of inadequate supervision, allows the infliction or attempted infliction of physical injury or sexual abuse upon the child which seriously endangers the physical, mental or emotional health of the child. Article 13(14)(a), CJP.

If the petition requests that the child be adjudicated in need of care, the state must prove the allegations of the petition by a preponderance of evidence. Article 73, CJP.

When a child has been adjudicated to be in need of care, among other dispositions the court may place the child in the custody of a parent or such other suitable person on such terms and conditions as deemed in the best interest of the child. Article 85, CJP.

Testifying on behalf of the state at the hearing in September 1985 were the father, stepmother, paternal grandmother, employees of DHHR, and various expert witnesses.

First, by way of background, it was established that the father and mother, both medical doctors, were divorced in May 1984. The mother was awarded the primary custody of the children. The father was granted extensive visitation rights, including having the children every other weekend, three two-week periods during the summer, and alternate holidays and birthdays.

The father testified that over a period of several months he noticed the children using sexually inappropriate language. On one occasion KLW suggested that the father remove his clothes so that the child could crawl over him in the nude. Another time RW shouted that KLW was showing his private parts. It was also during this span of time that KLW reportedly informed his father of playing “naked games” with his mother and sister at the mother’s home.

Asserting that this type of conduct was becoming both more frequent and alarming, the father took the children to see Mrs. [654]*654Meriwether, a pediatric social worker, who began therapy with the children on June 13,1985. More recent sessions occurred on August 14, 20, and 29, 1985. At their first session KLW spread apart the legs of a doll, which he identified as his mother, and indicated that he enjoyed sliding up and down against his mother when they got into her bed. Mrs. Meriwether reported that KLW appeared to be sexually overstimulated and that he knew too much for a child of his age about where to touch a female. KLW was consistent, throughout the interviews, in his descriptions of the “games” played with his mother and sister.

When questioned about sexual abuse, the female child told Mrs. Meriwether, “I don’t know.” The witness concluded that RW had been sexually abused by someone but related, “I just don’t know who did it.”

On June 19, 1985 the children were interviewed by two sheriff’s deputies. Because of the suggestive nature of the questions asked, the juvenile judge did not consider the information received as part of the evidence in the case.

The father also reported the possibility that the children had been sexually abused to Mrs. Pam Futch, a child protection investigator for the DHHR, on June 20, 1985, and she interviewed the youngsters on that date.

Mrs. Futch testified that KLW related how he and his mother played “touch” games which he demonstrated with anatomically-correct dolls, verbalizing that each touched the other’s private parts.

RW would not be interviewed alone, wept when questioned about sexual abuse, and stated that she would not tell anyone.

Believing that further investigation was warranted, Mrs. Futch arranged for the children to be examined by a medical doctor who, in turn, recommended that they be examined by Dr. O’Boyle, a pediatrician with experience in child sexual abuse cases.

Dr. O’Boyle saw both children on July 1, 1985 and saw RW a second time on July 22, 1985. KLW indicated that he played “naked games” with his mother. Using anatomically-correct dolls, he showed how they felt of each other’s private parts. Dr. O’Boyle testified that children do not conjure up these stories in their imaginations, but ordinarily learn sexual activity by watching other people or by having it done to them. She concluded that KLW had been greatly sexually stimulated — or abused.

On the other hand, RW again resisted examination. The child cried and said: “I’m not going to tell you.” Physical examination revealed that her hymen had been torn, but the tear had healed. Because of the location of the tear, Dr. O’Boyle concluded that sexual abuse had occurred.

Dr. Stephenson, a licensed psychologist, interviewed the children on June 26, 1985. Neither child reported incidents of sexual abuse to him. However, considering the mental and social age of KLW, this witness thought that the child’s consistent story for over two months should be believed.

The paternal grandmother, in whose home the children resided beginning the latter part of June 1985, told of walking into their bedroom and finding RW lying on top of KLW. When asked what they were doing, RW responded, “I’m going to marry my brother.”

The stepmother testified that over the two years she had known the children they frequently made inappropriate remarks concerning body parts.

Finally, Dr. Shwery, a clinical psychologist with expertise in sexual abuse cases, after reviewing information furnished him concerning the case, particularly with reference to the conversations with KLW, stated:

“I then concluded that there was sufficient veracity to lend credence to this youngster’s statement ... and I concluded that there was enough credibility there to believe that this child more likely than not had been sexually abused.”

The mother, testifying on behalf of herself, categorically denied ever having engaged in any kind of inappropriate sexual [655]*655behavior with her children. In addition she presented an impressive array of witnesses in her defense.

First, there were a number of lay witnesses, familiar with the children’s home and school situations, who testified they had never heard the children use language of a sexual nature or engage in sexual misconduct.

Several expert witnesses also testified in the mother’s behalf. Dr.

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

Related

Karlin v. Kavanaugh
542 So. 2d 1161 (Louisiana Court of Appeal, 1989)
C.F.C. v. J.D.C.
539 So. 2d 47 (Louisiana Court of Appeal, 1988)
State v. Crook
517 So. 2d 1131 (Louisiana Court of Appeal, 1987)
Sj v. Sm
505 So. 2d 897 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
491 So. 2d 652, 1986 La. App. LEXIS 6233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rw-v-jlw-lactapp-1986.