State ex rel. S.D. v. D.M.D.B.

823 So. 2d 1113, 2002 La. App. LEXIS 2573, 2002 WL 1856069
CourtLouisiana Court of Appeal
DecidedAugust 14, 2002
DocketNo. 36,406-JAC
StatusPublished
Cited by6 cases

This text of 823 So. 2d 1113 (State ex rel. S.D. v. D.M.D.B.) 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.D. v. D.M.D.B., 823 So. 2d 1113, 2002 La. App. LEXIS 2573, 2002 WL 1856069 (La. Ct. App. 2002).

Opinion

I,CARAWAY, J.

The mother of six children contests the trial court’s adjudication of the children as children in need of care. She also contests the permanent placement goals of adoption and guardianship for the children. Finding that the trial court’s rulings were in the best interests of the children and in accordance with legal standards of the Children’s Code, we affirm the trial court’s rulings.

Facts and Procedural History

D.D.B. is the mother of seven children between the ages of twelve and eight months, six of whom are the subject of these proceedings.1 The four older children were first placed in protective custody in September, 1995, after Christopher C. physically abused the then youngest child, C.C. Christopher C. was the father of C.C., and as a result of the abuse, the seven-week old infant was placed in pediatric intensive care with a fractured skull. As a result of this beating, Christopher C. and D.D.B. were both arrested. The children were placed in foster care by the Office of Community Services (“State”). D.D.B. was homeless at this time. Ultimately, Christopher C. was convicted of [1115]*1115attempted murder and is presently incarcerated.

After the children were returned to D.D.B.’s custody on December 13, 1995, the State began offering various social services. The State provided day care so D.D.B. could work, helped D.D.B. obtain employment 1 ¡.and locate housing, paid her rent, paid the electricity bill, and occasionally bought groceries and supplies for the family.

In June, 1996, the State’s letter to the court noted that the situation had deteriorated despite its efforts to stabilize D.D.B.’s family. D.D.B. was evicted from her apartment and the utilities disconnected. She moved into the YWCA Women’s Shelter in May, 1996. In June, D.D.B.’s aunt, who resided in California, offered to help D.D.B. make a fresh start if she moved her family to California. The State recommended this plan and obtained court approval for D.D.B. to move to California on June 6, 1996. Nevertheless, the move to California never occurred.

During mid 1998, the State made approximately 25 visits to D.D.B.’s home. D.D.B.’s fifth child was born on February 27, 1998. During May, D.D.B. and T.B., the father of the fifth child, were both unemployed and living with all five children in a motel room, where all of the children except the infant slept on the floor. They relocated to an apartment in June. The apartment had no beds and the plumbing did not work properly. D.D.B. and T.B. had difficulty keeping the electricity on. Accordingly, in December, 1998, the State removed the five children, and placed them in foster care, to protect them from “further neglect.” D.D.B. stipulated to the allegations of the State’s petition and the children were adjudicated as children in need of care on May 27, 1999, on the grounds of lack of supervision and inadequate shelter.

During the second State intervention, the two older children, S.D. and D.D., were briefly placed with their biological father, Simon Profit. After |3Profit advised the State that he could no longer care for them, the State requested and obtained trial placement of the two older children with D.D.B. in August, 1999. Two weeks after the trial placement, D.D.B. was arrested after she left these two children unsupervised, along with several other, younger children who belonged to 'others. This episode resulted in the two older children being placed back in foster care in September, 1999. However, in December, 1999, the court, transferred custody of all five children back to D.D.B., and ordered that the State monitor her home. A hearing was held on January 14, 2000, during which the State released custody of the children. Thereafter, on January 27, 2000, the State was released from monitoring D.D.B.’s home.

The State’s third intervention in this family, and the circumstances that give rise to the instant proceedings, occurred on October 26, 2000, when D.D.B. was arrested for the second time after leaving her children alone at home, unsupervised, for more than, three hours.' By this time, D.D.B. had given birth to a sixth child. An instanter order of custody, placing the children in the legal custody of the State, was signed on October 30, 2000. The continued custody hearing was continued twice, with D.D.B. appearing at each hearing to request through counsel that the children be returned to her custody. On December 15, 2000, the court ordered trial placement of the children with D.D.B., provided that the State “closely | ¿monitor” and supervise the placement.2 However, [1116]*1116this judgment was rescinded by order dated March 7, 2001.

During the interval between the State’s preliminary assertion of custody in late October, 2000, and the December 15th dis-positional judgment, the State requested that the trial court approve its initial case plans. The report noted that “custody was continued with our Agency pending the Adjudication Hearing which has not yet been scheduled.” The State attached a motion and order to approve the six case plans submitted to the trial court. The case plan goal identified for each individual child’s plan was “reunification with parent or principal caretaker.” Accordingly, the trial court approved the case plans in glo-bo by order dated December 12, 2000. On December 15, 2000, the court ordered trial placement of all of the children with D.D.B. but continued legal custody of the children with the State.

Thereafter, on March 6, 2001, the State again wrote the trial court to update it on the children’s status during their trial placement with D.D.B. The State requested that the December order authorizing placement with the mother be rescinded, and recommended that the children be placed back in foster care to ensure their safety, “at least until D.D.B. can prove that she can provide adequately for her children and begins to show some type of positive improvements.” In its letter, the State alleged that D.D.B. and her new boyfriend both physically abused C.C. and that D.D.B. called the State | Band requested that the children be “picked up.” The December order was rescinded and the six children again placed in foster care on March 7, 2001, on the ground of lack of supervision.

Summing up the situation, the State advised the trial court as follows:

We are writing this report to inform you of the current situation involving this family. As you will recall Ms. B.’s six children entered foster care on 10/26/00, due to Lack of Supervision. This was the third foster care placement for S.D., D.D., L.D. and C.C. and the second placement for M.B. In court on 12/15/00 you ordered the children returned to the mother’s care on a trial basis, with the Agency maintaining custody. The children were moved home by the Agency the same evening.
At the time of the children’s return home Ms. B. was advised by the case manager that she was to provide adequately for the children’s needs, to make sure they were properly supervised at all times and of the fact that they are still in foster care and therefore cannot be spanked. Although Ms. B. had just stated earlier in the day in court that she wanted her children returned home and could provide for them, once they got there she appeared depressed and overwhelmed; and did not show any expressions of joy to have her children home.

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Bluebook (online)
823 So. 2d 1113, 2002 La. App. LEXIS 2573, 2002 WL 1856069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sd-v-dmdb-lactapp-2002.