State ex rel. S.M.

733 So. 2d 159, 99 La.App. 4 Cir. 0526, 1999 La. App. LEXIS 1843, 1999 WL 332778
CourtLouisiana Court of Appeal
DecidedApril 28, 1999
DocketNo. 99-CA-0526
StatusPublished
Cited by10 cases

This text of 733 So. 2d 159 (State ex rel. S.M.) 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.M., 733 So. 2d 159, 99 La.App. 4 Cir. 0526, 1999 La. App. LEXIS 1843, 1999 WL 332778 (La. Ct. App. 1999).

Opinion

L KLEES, Chief Judge.

This is an appeal from a judgment of the juvenile court terminating parental rights. For the reasons stated herein, we affirm the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

This matter has previously been before this Court. Appellant herein, N.M 1, is the mother of three children who were placed in custody of the State of Louisiana in January of 1996. By opinion dated March 4, 1998, a panel of this Court affirmed a judgment of the juvenile court adopting the State’s permanence plan of reunifying the children with their mother. State in the Interest of S.M., 97-1896 (La.App. 4 [161]*161Cir. 3/4/98), 709 So.2d 927. The Supreme Court granted the children’s application for writs to review the correctness of the lower courts’ decisions. State in the Interest of S.M., 98-0922 (La.5/15/98), 719 So.2d 59. Thereafter, the Supreme Court rendered an opinion reversing the trial court’s judgment and the opinion of this court, and remanded the matter to the juvenile court for further proceedings. State in the Interest of S.M., 98-0922 (La.10/20/98), 719 So.2d 445. On remand; the permanence plan for reunification was withdrawn, and the State Office of Community-Services (OCS) changed its plan to termination. The attorney for the children also filed a Petition for Involuntary Termination of Parental Rights, and the State subsequently joined in this petition. On December 11, 1998, the juvenile court rendered a judgment in favor of | ¡^petitioners terminating the mother’s parental rights.2 It is from this judgment that N.M. now appeals.

The facts underlying this juvenile proceeding were accurately stated in the opinion of the Supreme Court as follows:

Between her 16th and 18th birthdays, N.M. gave birth to three children: K.M., a boy, on July 16, 1991; S.M., another boy, on November 2, 1992; and J.M., a girl, on June 13, 1994. After KM.’s birth, he lived with Rosa Dunn, his great grandmother, and after S.M.’s birth, he lived with Edna Dunn, the mother of Lonjay Earlycutt, the man with whom N.M. lived during her pregnancy and who believed he was S.M.’s father. N.M. has never lived in a home of her own. She mainly lived in an apartment provided by others.
After N.M. was pregnant with J.M., she began living with James Johnson who was approximately twenty-four years of age. During this same period of time, N.M., for the first time, brought her two sons, K.M. and S.M., to live with her. On January 10, 1996, Johnson beat S.M., the middle child who was three years old, so badly that N.M. called 911 because S.M. was not breathing; the beating occurred, in part,- while N.M. was not at home and continued after she returned home. When the police, arrived at the scene, they found S.M. unconscious and not breathing, with bruises and welts about his body, and two black eyes. Although the police officers thought that S.M. was DQA, they transported him to the nearest medical facility, Medical Center of Louisiana, where he was revived. Upon medical examination, it was determined that S.M. had multiple scalp bruises, a right temporal contusion, periorbital swelling, an old trauma on his chest with generalized bruising, old abdominal scars, bruised lower extremities with old burns, burns on the left knee and ankle, an open laceration on the right hand, an abrasion to the left axilla, an ulcer on the glans penis which had second-degree burns as well as healed burns, and multiple old scars on the back and buttocks. Orthopedic examination showed that S.M. suffered a fracture of the distal left ulna with callus formation compatible with healing which required the placement of a plaster cast, as well as a dislocation fracture of the capitulum of the humerus.
| ^Matthew Riles, a detective assigned to the Child Abuse Section of the Emergency Services Bureau, interviewed N.M. She told Detective Riles that Johnson had been abusing S.M. since March of 1995. She said that Johnson made S.M. sleep in the bathtub almost every night because S.M. often wet the bed. She also described . incidents where Johnson struck S.M. with his hands and a bowl of food and one occasion where Johnson burned S.M. with hot water. She told Detective Riles that she had [162]*162not told anyone about the abuse because Johnson had threatened to “take care of her” if she told and she was afraid.
Detective Riles also questioned K.M., who, along with J.M. and N.M., had been brought to the Child Abuse Office when S.M. was hospitalized. K.M. told Detective Riles that Johnson hit him, and had put hot water on him and S.M. He further described, occasions where Johnson hit S.M. with his hands and his mother’s shoe, and where he had tied S.M.’s hands. A medical examination of K.M. revealed bruises on his -chest and behind his right ear, as well as old scars from belt marks on his buttocks. Medical personnel also examined J.M. and found that she had a bump on her forehead.
Based upon the children’s abusive injuries and the above information, N.M. and Johnson were arrested. N.M. was charged and pleaded guilty to three counts of cruelty to juveniles. She was sentenced to concurrent five year terms with the Department of Corrections on each count; the sentencing court suspended the sentence and placed N.M. on five years active probation. As a special condition of probation, the sentencing court required N.M. to serve twelve months imprisonment with the Department of Corrections, earn her graduate equivalency diploma (GED), and obtain vocational technical school training. Johnson was charged with three counts of cruelty to a juvenile and the attempted second-degree murder of S.M. He pleaded guilty and was ordered to serve an eight and one-half year sentence, without the benefit of probation or suspension of sentence.
On January 11, 1996, an oral instanter order issued, placing N.M.’s three minor children in the protective custody of the State. At a probable cause hearing held on January 12, 1996, the Juvenile Court for the Parish of Orleans found that there were reasonable grounds to find the three children abused and neglected, and in need of care, and awarded their provisional protective custody to the State. On February 12, 1996, the District Attorney initiated proceedings to have the Rthree minor children adjudicated children in need of care. At a hearing on May 16, 1996, it was stipulated that the three minor children, K.M., S.M., and J.M., were abused/neglected children in need of care, and an order issued placing them in protective custody. The juvenile court awarded the care, custody and control of the children to the Office of Community Services (OCS) for a period of eighteen months. S.M. was placed in the home of a foster parent; K.M. and J.M. were placed in the home of their maternal great grandmother, Rosa Dunn. On August 30, 1996, S.M. was moved from the first foster home and placed in the home of Edna and Edgar Alexis.
On November 4, 1996, after serving approximately nine months of her sentence, N.M. was released from prison and began her five year probationary period. Upon release from prison, N.M. moved in with Johnson’s sister.

719 So.2d at 446-447.

On November 14, 1996, following a review hearing, a judgment was entered continuing the children in the custody of OCS and in their placements.

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Bluebook (online)
733 So. 2d 159, 99 La.App. 4 Cir. 0526, 1999 La. App. LEXIS 1843, 1999 WL 332778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sm-lactapp-1999.