State ex rel. T.L.B.

783 So. 2d 626, 0 La.App. 3 Cir. 1451, 2001 La. App. LEXIS 721, 2001 WL 323851
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
DocketNo. 00-1451
StatusPublished
Cited by2 cases

This text of 783 So. 2d 626 (State ex rel. T.L.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. T.L.B., 783 So. 2d 626, 0 La.App. 3 Cir. 1451, 2001 La. App. LEXIS 721, 2001 WL 323851 (La. Ct. App. 2001).

Opinion

1 .THIBODEAUX, Judge.

J.C.B. appeals the trial court’s termination of his parental rights regarding his minor children pursuant to Louisiana Children’s Code Article 1015. The trial court terminated his rights after finding that he is incapable of parenting and that reformation is unlikely. We find that the record supports the termination of parental rights and affirm the trial court’s judgment.

[628]*628I.

ISSUE

J.C.B. asks that we find the trial court erred in concluding that J.C.B. did not comply with his case plan and failed to demonstrate reformation significant to prevent termination of his parental rights.

II.

FACTS AND PROCEDURAL HISTORY

This parental termination case originally concerned six children, all having the same mother and two different fathers. L.A.B., the mother, was first married to D.B. The couple had four children who are among the subjects of this termination: T.L.B., a girl born on November 11, 1982; K.R.B., a girl born on April 4, 1987; J.N.B., a girl born on August 21, 1989; and D.W.B., a boy born on May 25, 1984. L.A.B.’s second husband is the appellant, J.C.B. The two minor children of L.A.B. and J.C.B., who are also the subjects of this termination, and the subjects of this appeal, are: J.J.B., a boy born on October 31, 1994; and M.A.B., a girl born on October 6, 1997. Parental rights to all of the children were terminated at the hearing Ron June 30, 2000. Only two children, M.A.B. and J.J.B., are the subject of this appeal by their biological father, J.C.B.

L.A.B. and D.B. separated in 1992. In 1993 L.A.B. began living with the appellant, J.C.B. Her children from her earlier marriage to D.B. went to live with them. On November 17, 1995, three children of the J.C.B. and L.A.B. household came into custody of the Department of Social Services (DSS) on the grounds of physical abuse. These children included: (1) T.L.B., L.A.B’s child by her first husband, D.B., and (2) R.B. and D.B. who are J.C.B.’s biological children from a prior marriage. At the time that they were brought into the custody of DSS, they were minors and were living with the family. They have now reached the age of majority and are no longer wards of the State.

On March 17, 1997, four more children from the L.A.B. and J.C.B. household were brought into DSS’s custody on the grounds of physical abuse, passive abuse, and emotional maltreatment. They were: three of D.B.’s children, K.R.B., D.W.B., J.N.B., and J.C.B.’s son, J.J.B. All had been living with the appellant and L.A.B. These children were adjudicated in need of care on April 29, 1997. M.A.B. was removed from the home on October 20, 1997, two weeks following her birth. She was adjudicated in need of care on November 12, 1997. M.A.B. was removed just after birth as a precautionary measure because DSS had determined that none of the problems which had led to the rest of the children being removed from the home had been resolved. DSS did not find that the parents had cooperated or participated in the treatment plans which were deemed necessary by DSS for a safe return of the children to the home. These children all remain in DSS’s custody. On January 14, 2000, DSS filed a Petition for Termination of Parental Rights. The case was heard Rand a judgment terminating parental rights was granted by the trial judge on June 30, 2000. J.C.B. is appealing the termination of his parental rights to M.A.B. and J.J.B.

III.

LAW AND DISCUSSION Standard of Review

Whether a termination of parental rights is warranted 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. A trial court’s factual determinations as to whether there has been substantial compliance with a case plan or whether a signifi[629]*629cant substantial indication of reformation has been shown and whether the parent is likely to reform will not be set aside absent manifest error. State in the Interest of Clarence Broussard, Jr., 94-1613 (La.App. 3 Cir. 5/3/95); 657 So.2d 121. An appellate court’s standard of review of a judgment terminating parental rights is whether or not the record reflects that the trial judge was clearly wrong. State in Interest of J.L., 93-352 (La.App. 3 Cir. 5/18/94); 636 So.2d 1186.

Burden of Proof

The law is well-established that a parent has a constitutionally protected liberty interest in establishing and maintaining a meaningful relationship with his or 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, 115 S.Ct. 2291, 132 L.Ed.2d 292 (1995). Louisiana jurisprudence has long recognized that the biological parents’ rights to them 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). The parent’s constitutionally protected liberty interest includes a right to the companionship, care, |4custody, and management of his or her children. Lassiter v. Dept. of Social Services, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). Thus, the interest of a parent in an accurate determination of any decisions that will terminate all of his or her parental rights permanently is a “commanding one.” Lassiter, 452 U.S. at 27, 101 S.Ct. at 2160.

However, more than simply protecting parental rights, our judicial system is required to protect the children’s rights to thrive and survive. State in Interest of S.M., 98-0922 (La.10/20/98); 719 So.2d 445; on remand, 99-0526 (La.App. 4 Cir. 4/28/99); 733 So.2d 159, writ denied, State ex rel. S.M., 99-2127 (La.7/21/99); 747 So.2d 36. A child has an interest in the termination of parental rights that prevent adoption and inhibit that child’s establishment of secure, stable, long term, continuous family relationships. Id. The child has a profound interest in being in a home where she will receive proper parental care. Lehman v. Lycoming County Children’s Servs. Agency, 458 U.S. 502, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982). See also State in the Interest of S.M ., 719 So.2d 445.

Because the termination of parental rights is a serious and terminal action, the State must satisfy an onerous burden of proof in order to terminate these rights. In the Interest of L. v. A.S., 94-1316 (La.App. 3 Cir. 2/1/95); 649 So.2d 1183. That is, the State must establish each element of a ground for termination of parental rights by clear and convincing evidence. La.Ch.Code art. 1035(A); State in Interest of L.L.Z. v. M.Y.S., 620 So.2d 1309 (La.1993). Pursuant to this standard, the State must show that the parent’s failure to comply with the enumerated condition is highly probable. State in the Interest of Q.P., 94-609 (La.App. 3 Cir. 11/2/94); 649 So.2d 512. If the trial court finds that the alleged grounds set out in any paragraph of Article 1015 are proven under the evidentiary standards required by Article 1035, and that it is in the best interest of the child to terminate, it shall order the termination of |Rthe parental rights of the parent against whom the allegations are proven. La.Ch.Code art. 1037.

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Bluebook (online)
783 So. 2d 626, 0 La.App. 3 Cir. 1451, 2001 La. App. LEXIS 721, 2001 WL 323851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tlb-lactapp-2001.