State ex rel. S.C.D.

80 So. 3d 3, 2011 La. App. LEXIS 1279, 2011 WL 5174725
CourtLouisiana Court of Appeal
DecidedNovember 2, 2011
DocketNo. 46,881-JAC
StatusPublished
Cited by2 cases

This text of 80 So. 3d 3 (State ex rel. S.C.D.) 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. S.C.D., 80 So. 3d 3, 2011 La. App. LEXIS 1279, 2011 WL 5174725 (La. Ct. App. 2011).

Opinion

BROWN, Chief Judge.

_JjIn this termination of parental rights case, the State of Louisiana has appealed from a part of the trial court’s judgment and the parents have answered the appeal seeking a reversal of the trial court’s judgment terminating their parental rights as to two of their five children. We affirm in part and reverse in part.

Facts and Procedural History

In February 2008, Kristina London and Stacy Dotie were living together with their five children in Shreveport, Louisiana. The children’s ages ranged from eight months to five years. The five minor children are identified as SCD, LAD, JED, SLD and ISD. On February 1, 2008, the children were removed from the home, and Kristina London and Stacy Dotie were arrested for abuse and neglect related to inadequate supervision, shelter, food and clothing. The conditions at the home were so extreme that the mother and father were charged by a bill of information with five counts of cruelty to juveniles (La. R.S. 14:93).

On May 11, 2009, both London and Do-tie pled guilty to three counts of cruelty to juveniles. At this time, London was sentenced to three years at hard labor on each count to run concurrently; the sentences were suspended and she was placed on supervised probation for two years. Dotie was sentenced to five and one-half years at hard labor on each count; he was [5]*5given the benefit of concurrent sentencing and credit for time served.

The five children, all of whom have special needs, had been removed from the home by the State of Louisiana, Department of Children and Family Services (“DCFS”), placed in foster care and adjudicated to be [¡.children in need of care. The children were in foster care until April 2008, when guardianship was granted to London’s parents. Upon her release from jail in May 2009, London lived with her parents and the children sporadically for about three weeks before moving in with a boyfriend, Lorenzo Sherman, a man she had met at a bus stop two weeks earlier. She now has a sixth child with Sherman.

In June 2009, the five children were removed from their grandparents’ home because of abuse by their grandmother, and they were returned to foster care. At that time, the guardianship was revoked and in need of care proceedings were reinstated. On January 4, 2011, the state filed a petition to terminate the parental rights of both London and Dotie, who had relocated to Texas after he was paroled from prison in August 2010.

A hearing was held over a number of days in March, April and May 2011. Thereafter, the juvenile court found that the state had proven by clear and convincing evidence the grounds for termination of the parental rights of London and Dotie as to all five children under the provisions of La. Ch. C. arts. 1015(3), 1015(4)(b), and 1015(5). The court found, however, that termination of parental rights was in the best interest of only two of the children, LAD (now seven years old) and ISD (now three years old), stating “in particular, [because] of their availability and potential for adoption ...” Therefore, the court rendered judgment terminating the rights of the parents as to LAD and ISD. As to the other three children, the court reinstated the need of care case and maintained the children in foster care. Judgment was rendered on June 1, 2011, and signed and filed on June 16, 2011. The state |3now appeals asserting manifest error in the trial court’s ruling that termination was not in the best interest of SCD, JED and SLD. Both London and Dotie answered the appeal asserting that the judgment terminating their parental rights as to LAD and ISD and freeing them for adoption was manifestly wrong.

Discussion

To involuntarily terminate parental rights, the state must prove by clear and convincing evidence the existence of one of the statutory grounds for termination. La. Ch. C. art. 1035. Thereafter, the trial court must decide if termination is in the best interests of the child pursuant to La. Ch. C. art. 1037(B). The trial court’s findings as to whether a parent’s rights should be terminated will not be set aside in the absence of manifest error. State in the Interest of K.G. and T.G., 02-2886 (La.03/18/03), 841 So.2d 759.

La. Ch. C. art. 1015 sets forth the grounds for the involuntary termination of parental rights. The trial court found that the state proved by clear and convincing evidence the existence of the grounds for termination as set out in La. Ch. C. arts. 1015(3), 1015(4)(b), and 1015(5). Those articles state, in pertinent part:

(3) Misconduct of the parent toward this child or any other child of the parent or any other child in his household which constitutes ... grossly negligent behavior below a reasonable standard of human decency ...
(4) Abandonment of the child by placing him in the physical custody of a nonpar-ent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently [6]*6avoid parental responsibility by any of the following:
|4(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child’s care and support for any period of six consecutive months.
(5) 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 of 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.

Article 1015(3) requires misconduct of the parent toward the child that constitutes grossly negligent behavior below a reasonable standard of human decency. In February 2008, London and Dotie were arrested and charged with five counts of cruelty to a juvenile. The charges were based upon criminally negligent mistreatment and neglect related to inadequate supervision, shelter, food and clothing. All five children were removed from the home and adjudicated children in need of care. Both mother and father pled guilty to three felony counts of cruelty to a juvenile.

La. R.S. 14:98 provides:

A. Cruelty to juveniles is:
(1) The intentional or criminally negligent mistreatment or neglect by anyone seventeen years of age or older of any child under the age of seventeen whereby unjustifiable pain or suffering is caused to said child. Lack of knowledge of the child’s age shall not be a defense.

London and Dotie pled guilty to cruelty to juveniles, a felony that requires intentional or criminally negligent neglect causing “unjustifiable pain or suffering.” La. Ch. C. art. 1015(3) requires misconduct which constitutes “grossly negligent behavior,” which is intended to mean | .¡behavior which exceeds ordinary negligence and which approaches criminal negligence. In Interest of J.L.N., 27,568 (La.App.2d Cir.06/21/95), 658 So.2d 272. The convictions of both parents supplied the proof of criminal or gross mistreatment and neglect.

Both London and Dotie failed to make any significant contribution to the children’s care and support within the six months preceding the filing of the petition to terminate.

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Bluebook (online)
80 So. 3d 3, 2011 La. App. LEXIS 1279, 2011 WL 5174725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-scd-lactapp-2011.