State ex rel. S.D.P. v. K.P.

1 So. 3d 808, 2009 La. App. LEXIS 38
CourtLouisiana Court of Appeal
DecidedJanuary 14, 2009
DocketNo. 44,165-JAC
StatusPublished
Cited by2 cases

This text of 1 So. 3d 808 (State ex rel. S.D.P. v. K.P.) 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.P. v. K.P., 1 So. 3d 808, 2009 La. App. LEXIS 38 (La. Ct. App. 2009).

Opinion

DREW, J.

liK.P. is the mother of female twins, S.D.P. and S.L.P. (“the twins”), who were born on May 21, 1999. The identity of the twins’ father is unknown. K.P. appeals a judgment terminating her parental rights as to the twins and freeing them for adoption. We affirm.

FACTS

On January 9, 2005, the Ouachita Parish Sheriffs Department received a report that K.P. was under the influence of alcohol and drugs and was disturbing the peace. After K.P. ignored a deputy’s orders, she was arrested and charged with criminal trespassing and simple battery. The twins’ maternal grandparents refused to allow the twins to be placed in their home. The State was granted an Instanter Order placing the twins in the temporary custody of the Office of Community Services (“OCS”) because of dependency, lack of supervision, and neglect.

On February 10, 2005, the State filed a petition to declare the twins as children in need of care. It was alleged that the twins were suffering from dependency because of their mother’s repeated substance abuse and her subsequent arrest and detention.

The court approved the initial case plan on February 23, 2005. The object of the plan at the time was reunification. The stated goals for K.P. were: (i) cooperation with OCS; (ii) resolution of any criminal matters which she may have and which may impede her ability to provide a safe and stable home for the twins; (iii) maintenance of an adequate income to meet her needs and contribute to the support of the twins while they are in foster care and to support them should they be returned to her care and custody; |2(iv) maintenance of a relationship with the twins and visiting them on a regular basis; (v) understanding and resolution of the underlying issues that resulted in the twins being placed in foster care, with K.P. taking steps to change those behavior patterns; (vii) maintenance of an adequate home which meets minimal community safety standards; and (viii) keeping the court informed.

The specific actions expected of K.P. to meet the goal of cooperation with the [810]*810agency included: (i) keeping the case manager informed of her address and telephone number; (ii) communicating openly and honestly about the reasons the twins were placed in foster care, and taking responsibility for her failure to provide a safe and stable home for the twins; and (iii) making herself available for home visits with the case manager.

The specific actions expected of K.P. to meet the goal of dealing with the issues that led to the twins being placed in state custody included: (i) receiving a psychological evaluation and help with domestic violence, substance abuse, and sexual abuse issues; (ii) cooperating in the psychological evaluation and following the recommendations; (iii) engaging in counseling to resolve the issues that interfered with her ability to provide a safe home for the twins; and (iv) discussing openly and honestly what she learned about herself with the case manager, and making a genuine effort to resolve those issues so she could provide a safe and stable home that was free of violence.1

| aSome specific actions expected of K.P. in regards to the other goals included maintaining a residence that was clean, safe, adequate, and free of safety hazards; reporting any changes in her residence to the case manager; and attending all court hearings concerning the twins’ custody.

On March 15, 2005, the court rendered judgment adjudicating the twins as children in need of care, and continuing legal custody with OCS. Placement with the maternal grandparents, who lived in Lake Providence, was ordered.

In August of 2005, OCS learned that K.P. had removed the twins from Lake Providence and had moved them to a residence in Oak Grove. When the police went to the residence, they found K.P. intoxicated, and K.P. and the twins were not wearing any clothing. The twins were removed and placed in foster care.

A new goal was added in a case plan that was finalized on January 10, 2006, and approved by the court the next month. The new goal was for K.P. to exhibit appropriate sexual conduct in the presence of the twins. K.P. was to reach this goal by attending counseling to address her inappropriate sexual behavior, and discussing what she learned with the case manager.

A permanency hearing was held on December 11, 2006. The court rendered judgment in which it ruled that the children were to remain in the State’s custody, with the permanent object being adoption of the twins.

On March 14, 2007, the State petitioned for termination of parental rights and certification for adoption. It was alleged that K.P. and the biological father had abandoned the twins, and, in the alternative, that K.P. |4had failed to substantially comply with the case plans and there was no reasonable expectation of significant improvement in K.P.’s condition or conduct in the near future.

A full hearing on the issue of termination was held on August 27, 2008. The court rendered judgment terminating the parental rights of K.P. and the unknown father, and freed the twins for adoption.

DISCUSSION

An appellate court reviews a trial court’s findings as to whether parental rights should be terminated according to the [811]*811manifest error standard. State ex rel. K.G., 2002-2886 (La.3/18/03), 841 So.2d 759.

A court considering a petition to terminate parental rights must make two findings: (1) that OCS established one of the enumerated grounds for termination set forth in La. Ch. C. art. 1015 by clear and convincing evidence, and (2) that termination is in the best interest of the child. State ex rel. D.L.R., 2008-1541 (La.12/12/08), 998 So.2d 681.

The State sought to terminate KP.’s parental rights on the basis of the grounds set forth in La. Ch. C. Art. 1015(5), which states:

(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.

Islt was conceded that one year had elapsed since the twins had been placed in state custody.

Lack of substantial compliance with case plan

Regarding proof of parental misconduct, La. Ch. C. Art. 1036 states, in part:

C. Under Article 1015(5), lack of parental compliance with a case plan may be evidenced by one or more of the following:
(1) The parent’s failure to attend court-approved scheduled visitations with the child.
(2) The parent’s failure to communicate with the child.
(3) The parent’s failure to keep the department apprised of the parent’s whereabouts and significant changes affecting the parent’s ability to comply with the case plan for services.
(4) The parent’s failure to contribute to the costs of the child’s foster care, if ordered to do so by the court when approving the case plan.

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Related

State Ex Rel. JT v. J.M.
56 So. 3d 1009 (Louisiana Court of Appeal, 2010)
State Ex Rel. Sdp v. Kp
1 So. 3d 808 (Louisiana Court of Appeal, 2009)

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