State Ex Rel. TLR v. RWT

737 So. 2d 688, 1999 WL 21245
Procedural entryThis page is a short order in State Ex Rel. TLR v. RWT. Read the opinion of the Court — 1999 La. LEXIS 4
Supreme Court of Louisiana·Decided January 20, 1999·No. 98-CA-2274·Published

Opinion

737 So.2d 688 (1999)

STATE of Louisiana, In the Interest of T.L.R., Minor Child of T.R.
v.
R.W.T.

No. 98-CA-2274.

Supreme Court of Louisiana.

January 20, 1999.

*689 Richard Phillip Ieyoub, Atty. Gen., Paul Carmouche, District Atty., Brian Paul Joffrion, Shreveport, Laura Owen Wingate, Milton, Mary Simonton Cowles, Shreveport, Counsel for Applicant.

Ronald J. Miciotto, Shreveport, Counsel for Respondent.

KNOLL, Justice.[*]

The State of Louisiana filed an action in Caddo Parish Juvenile Court under the Uniform Interstate Family Support Act ("UIFSA") (La.Ch.Code art. 1301.1 et seq., formerly Uniform Reciprocal Enforcement of Support Act, "URESA"). The action was instituted to determine paternity and support of T.L.R.,[1] the minor child of T.R. While T.L.R. and T.R. were residents of California, the alleged biological father, R.W.T., was a resident of Caddo Parish. R.W.T. challenged the paternity and support action by attempting to prevent the introduction of the report on the blood test results. Defendant asserted that its objection to the filing of the report was timely, and that the relevant law was unconstitutional.

FACTS AND PROCEDURAL HISTORY

At the outset, T.R. filed a reciprocal petition on May 18, 1992, claiming that R.W.T. was the father of her minor son. A hearing was set for August 18, 1992, but the matter was reset since defendant was not present at the hearing. The matter was finally reset for May 19, 1994. Defendant was present at that hearing, wherein the court ordered T.L.R., T.R., and R.W.T. to submit to blood tests to determine paternity. When R.W.T. failed to comply, the State, through the Department of Social Services, Support Enforcement Services, petitioned the juvenile court to reopen the case and order defendant to show cause why the court should not hold him in contempt. Following a June 14, 1995 hearing on the matter, the court again ordered defendant to submit to blood testing. Defendant's subsequent failure to comply with the court's orders resulted in another hearing, held December 13, 1995. Defendant was found guilty of contempt, fined $25.00, and ordered to appear for blood testing on January 19, 1996, exactly one year and eight months after the court's first order to submit to blood testing.

Defendant's blood was drawn in Caddo Parish while T.L.R.'s and T.R.'s blood was drawn in California. Each blood sample *690 was sealed, packaged, labeled, and sent to Fairfax Identity Laboratories ("Fairfax") in Fairfax, Virginia for analysis. Fairfax test results indicated a 99.98% probability that defendant was T.L.R.'s biological father. A written report of the results and the sworn affidavit of the expert who supervised the tests were filed by mail in the juvenile court of Caddo parish.[2] On May 28, 1996, the Deputy Clerk of Court sent a certified letter to defendant, informing him of the results of the blood test and notifying him that they had been filed that day. Defendant's signature on the receipt for certified mail showed that defendant had received the notification of the filing of the results on June 3, 1996. On June 14, 1996, the State requested a hearing, which was set for July 10, 1996. Neither defendant nor his attorney was present at the hearing. However, on that day, defendant filed a motion to oppose the filing of the blood tests. Trial was set for October 15, 1997, but the defendant was not present. On the State's motion, the court reset the matter for November 19, 1997.

On November 12, 1997, more than seventeen months after defendant's notice, but just seven days before trial, defendant filed an exception of no cause of action, again attempting to prevent the admission of the blood test results. Defendant asserted that La.R.S. 9:397.3, which permits blood test results that are not timely challenged to be admitted as prima facie evidence of their contents, was unconstitutional. The statute makes clear that the prima facie admission of the results occurs only when the defendant "may summon and examine those making the original of the report as witnesses under cross-examination." La.R.S. 9:397.3(B)(2)(a). However, defendant complained that because he had no subpoena power over Fairfax, the out-of-state maker of the report, the statute deprived him of his right to cross-examine the witness.

The State filed its opposition to defendant's exception on November 18, 1997, urging that defendant's rights were not prejudiced. The State pointed out that in UIFSA cases, where out-of-state witnesses are involved, La.Ch.Code art. 1303.16(F) provides that witness testimony may be taken by means other than physical presence at trial. The opposition also averred that Dr. Daniel Demers, Fairfax, and the applicant recipient would be available to testify at trial pursuant to the UIFSA and Children's Code provisions.

The hearing officer denied defendant's opposition to the filing of the blood tests as untimely and denied defendant's exception of no cause of action, recommending that the challenged statute be found constitutional. The hearing officer noted that the defendant addressed subpoenas to the state; that, as provided by statute, witnesses were available for cross-examination by telephone; and that defendant had not attempted to subpoena the witnesses directly or to obtain their presence by any civil process.

Following defendant's exception to the findings and recommendations of the hearing officer, the juvenile court judge held a closed court hearing on December 10, 1997, more than five and one-half years since the institution of the reciprocal petition. Therein defendant complained that no credibility determinations could be made regarding T.R. or the Fairfax experts since telephone testimony made available by the state would not provide demeanor evidence of truthfulness or fabrication. Defendant urged the court to *691 find the statute unconstitutional based on due process violations resulting from defendant's alleged inability to confront the witness.

The State argued that the court need not consider the issues on the exception as there existed a presumption of paternity based on the defendant's failure to timely file an objection to the paternity test results. The State also noted that Congress had enacted the UIFSA, that Louisiana and twenty-seven other states had adopted it, that the UIFSA provided for telephone or other electronic testimony, and that the UIFSA had withstood repeated constitutional challenges. Thereafter, the State sought interim support during the pendency of any appeal.

The court requested information regarding the timeliness issue, asking if blood tests were performed, and when. Defendant requested that the court examine the record itself and do the calculations again. After a discussion, the court determined that it found no evidence in the file showing when the defendant had received statutory notice. The court then received the defendant's objection as timely filed, thereby overruling the hearing officer's finding to the contrary. The court denied interim support and declared that the UIFSA was unconstitutional insofar as it deprived the defendant the right to crossexamine the witness in court.

Subsequent to the juvenile court's ruling, the State filed a motion for a new trial on grounds that the ruling was contrary to the law and evidence, challenging the court's ruling on timeliness and constitutionality.

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State Ex Rel. TLR v. RWT, 737 So. 2d 688, 1999 WL 21245 (La. 1999).

737 So. 2d 688 (State Ex Rel. TLR v. RWT) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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