State ex rel. S.M.W.

771 So. 2d 160, 0 La.App. 3 Cir. 308, 2000 La. App. LEXIS 2055, 2000 WL 1119102
CourtLouisiana Court of Appeal
DecidedAugust 9, 2000
DocketNo. 00-308
StatusPublished
Cited by4 cases

This text of 771 So. 2d 160 (State ex rel. S.M.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. S.M.W., 771 So. 2d 160, 0 La.App. 3 Cir. 308, 2000 La. App. LEXIS 2055, 2000 WL 1119102 (La. Ct. App. 2000).

Opinion

| THIBODEAUX, Judge.

A mother appeals the involuntary termination of her parental rights to her four minor children. The trial court terminated Tina Walters’ parental rights after finding that she is incapable of parenting and that her reformation is unlikely. We find the record does not support the termination of her parental rights and reverse and remand to the trial court.

I.

ISSUES

The issues presented for appellate review are:

(1) whether Ms. Walters was unfairly denied legal representation;
(2) whether the trial court erred in terminating Ms. Walters’ parental rights; and,
(3) whether Ms. Walters should be allowed continued contact with her children should her parental rights be terminated.

II.

FACTS

Tina Marie Walters is the mother of four minor children: S.M.W. born August 7, 1985; C.D.W. born August 26, 1986; C.N.W. born July 1, 1988; and, E.S.W. born October 21, 1990. Kevin Melder is the father of S.M.W., C.D.W. and C.N.W. Timothy Johnson is the father of E.S.W. Ms. Walters has never been married and bore all four of her children before her twenty-first birthday.

The Walters children were brought to the attention of the State through the Department of Social Services (hereinafter “the Department”) and its Office of ^Community Services (hereinafter “OCS”) in December 19951 based on allegations of child abuse and neglect after it was reported that E.S.W. had marks on his back suggestive of physical abuse. At the time this report was made, Ms. Walters was incarcerated pending charges for theft, burglary and possession of marijuana, and her family was caring for her children. The relatives relinquished custody of the children because they could not manage the additional responsibility. It was recommended that the children be adjudicated children in need of care and placed in the custody of the Department. The juvenile court found that there were reasonable grounds to believe the children were in need of care, abused or neglected, and issued an Oral Instanter Order, temporari[164]*164ly placing the children in the custody of the Department on December 21, 1995. The order was to be in effect for six months, from December 19, 1995 — June 18, 1996. Ms. Walters was released on bond on December 23, 1995, two days after the order was issued. The trial judge determined that it was in the best interests of the children that they remain in the State’s custody pending the resolution of their mother’s legal problems.

The children were adjudicated children in need of care pursuant to La.Ch.Code art. 666 on January 24, 1996. On May 7, 1996, Ms. Walters pled guilty to twenty-four counts of criminal charges. She was given a five year suspended sentence with probation. A week later, OCS recommended continued foster care which the court granted on May 29, 1996. During the following years, OCS formulated a series of case plans which were initially meant to reunify the Walters family. The goal was changed to termination of Ms. Walters’ parental rights and freeing the children for adoption in December 1996. Consequently, the Department | «filed a Petition for Certification for Adoption and Termination of Parental Rights. The trial court granted the petition, terminating the parental rights of Ms. Walters as well as those of Mr. Melder and Mr. Johnson. Ms. Walters appeals.

III.

LAW AND DISCUSSION Burden of Proof

The interest of a parent in her children and the parent’s freedom to make choices about the upbringing of her children are among esteemed societal rights shielded by the Fourteenth Amendment against unwarranted usurpation, disregard or disrespect by the State. M.L.B. v. S.L.J., 519 U.S. 102, 117 S.Ct. 555, 136 L.Ed.2d 473 (1996). The parent’s constitutionally protected liberty interest includes her right to the companionship, custody and management of her children. State in the Interest of A.C., 93-1125 (La.1/27/94); 643 So.2d 719, cert. denied, A.St.P.C. v. B.C., 515 U.S. 1128, 114 S.Ct. 2291, 132 L.Ed.2d 292 (1995). Louisiana jurisprudence has long recognized that the biological parents’ rights to their children and the children’s reciprocal rights are preeminent among relationships in the human family. See In re Adoption of B.G.S., 556 So.2d 545 (La.1990); In the Interest of C.L.S., 94-531 (La.App. 3 Cir. 11/2/94); 649 So.2d 532.

A parent has a commanding interest in the accuracy and injustice of a decision to terminate her parental rights. Lassiter v. Department of Social Svcs. of Durham County, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). In order to terminate these rights, the State must satisfy an onerous burden of proof. In the Interest of L. v. AS., 94-1316 (La.App. 3 Cir. 2/1/95); 649 So.2d 1183. The State must prove each element of a ground for termination under La.Ch.Code art. 1015 by clear and convincing Levidence. La.Ch. Code art. 1035(A); State in the Interest of Q.P., 94-609 (La.App. 3 Cir. 11/2/94); 649 So.2d 512. Once the State makes this showing, the judge may terminate parental rights if the termination is in the best interest of the child. La.Ch.Code art. 1037. “Accordingly, so long as a parent adequately cares for his or her children, (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Troxel v. Granville, 530 U.S. 57, -, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), pp. 63-64.

“Permanent neglect proceedings employ imprecise substantive standards that leave determinations unusually open to the subjective values of the judge.” Santosky v. Kramer, 455 U.S. 745, 762, 102 S.Ct. 1388, 1399, 71 L.Ed.2d 599 (1982). The trial court possesses great discretion to undervalue probative facts that favor [165]*165the parent when evaluating the nature and quality of a parent’s encounters with the Department. Id. Recognizing the magnitude of the risks and consequences of an erroneous deprivation, appellate courts view the termination of parental rights as a severe and permanent action warranting careful scrutiny. State in the Interest of Z.D. and J.D., 95-1680 (La.App. 4 Cir. 2/15/96); 669 So.2d 1312. Whether a parent has so failed in providing for her children as to satisfy the requirements for severing her parental rights is a question of fact. State in the Interest of K.N.F., 96-390 (La.App. 3 Cir. 7/17/96); 677 So.2d 166. An appellate court will not reverse the trial court’s finding of fact regarding the termination of parental rights unless it is manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

We conclude that the factual findings are manifestly erroneous. We, therefore, conduct a de novo review of the record.

| sAppointment of Counsel

Ms.

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Bluebook (online)
771 So. 2d 160, 0 La.App. 3 Cir. 308, 2000 La. App. LEXIS 2055, 2000 WL 1119102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smw-lactapp-2000.