State ex rel. T.M.

869 So. 2d 339, 3 La.App. 3 Cir. 929, 2004 La. App. LEXIS 625, 2004 WL 574438
CourtLouisiana Court of Appeal
DecidedMarch 24, 2004
DocketNo. 03-929
StatusPublished

This text of 869 So. 2d 339 (State ex rel. T.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. T.M., 869 So. 2d 339, 3 La.App. 3 Cir. 929, 2004 La. App. LEXIS 625, 2004 WL 574438 (La. Ct. App. 2004).

Opinion

GREMILLION, Judge.

This appeal stems from a judgment of the trial court denying a request by the maternal grandparents to obtain custody of the minor child, T.M., from the State of Louisiana, Department of Social Services, Office of Community Services (OCS). Subsequent to the appeal, the grandparents, B.T. and R.T., filed a Combined Motion to Annul Judgment of the Juvenile Court and to Stay All Proceedings. For the following reasons, we deny the motion, affirm the trial court’s judgment, and issue instructions.

FACTS

Js.F. is the father of three minor children, T.M., whose mother is S.M., and Je.F. and H.F., whose mother is C.F. On September 12, 2002, the Carenero Police Department raided Js.F.’s home and arrested him on charges of possession of crack cocaine, marijuana, and drug paraphernalia. C.F., who was seven months pregnant with H.F., was arrested at the home on September 15, 2002, for possession of crack cocaine and drug paraphernalia. On September 17, 2002, an Oral Instanter Order was issued ordering the removal of T.M. and Je.F. from Js.F.’s custody and placing them in the temporary custody of OCS. An Instanter Order confirming the Oral Instanter Order was issued on September 18, 2002, based on a verified complaint filed by Melanie Brous-sard, an OCS employee. The Instanter Order sought custody of the children based on a finding that Js.F.’s home “was assessed to be hazardous and unsuitable (drug paraphenalia [sic], accessible weapon, pornographic material); mother and father have a history of substance abuse and have recently been arrested on drug-related charges; father currently incarcerated and mother’s whereabouts are [^unknown.”

At the time of the raid on Js.F.’s home, T.M. was visiting with his maternal grandmother, B.T., and his step-maternal grandfather, R.T., in Abbeville, Louisiana. In a September 19, 2002 Order of Continued Custody, the trial court found that reasonable grounds existed to believe that T.M. and Je.F. were children in need of care and ordered that they be placed in the custody of OCS. At the time of this hearing, OCS had placed T.M. with B.T. and R.T., while Je.F. was placed in foster care. Thereafter, OCS filed petitions requesting that the two children be adjudicated children in need of care; attorneys were appointed to represent them and C.F. On December 3, 2002, a Children in Need of Care Judgment of Adjudication and Disposition with Removal Pursuant to Articles 606, 666, and 684 of the Louisiana Children’s Code was rendered by the trial court.1 Adjudicated as children in need of care were T.M., Je.F., and H.F. H.F. was born on November 6, 2002, and came into OCS’s care on November 8, 2002. At the time of his birth, both he and C.F. tested positive for cocaine.

[342]*342As part of the judgment of disposition, the trial court placed the children in OCS’s custody, approved its October 15, 2002 case plan, and further required the parents to cooperate with OCS and comply with the case plan. It further warned that their failure to comply could lead to a termination of their parental rights. At the time of this adjudication, both Je.F. and H.F. were placed with their maternal aunt and uncle, J.E. and T.E., in LeBlanc, Louisiana. T.M. was still placed with B.T. and R.T.

| oOn February 23, 2003, OCS forwarded a status report to the trial court which listed the efforts and failures of Js.F. and C.F. to comply with the October 15, 2002 case plan. It further noted that S.M. was living in Denver, Colorado, and that no contact had been made with her since the December adjudication hearing. The report further accounted T.M.’s current situation: “[T.M.] is currently placed in the home of maternal grandparents, [B.T. and R.T.]. [T.M.] has adjusted well to the home and is attending Dossier Elementary Pre-K. [T.M.] is also attending therapy with Christine Dugas, LCSW to address behavior problems and sexually acting out behaviors.”

A case review hearing was held in this matter on March 11, 2003, pursuant to La.Ch.Code art. 692. The trial court’s findings of fact at that time were that OCS had developed a case plan and had made reasonable efforts to achieve permanency for the minor children. It further found that OCS had made reasonable efforts to reunify the minor children with their parents. As a result of these findings, the trial court ordered continued custody of the children by OCS, continued foster care, and approval of the March 5, 2003 case plan and the goal of reunification. Subsequent to this hearing, a curator ad hoc was appointed to represent S.M. and C.F., both of whose whereabouts were unknown.

On May 6, 2003, B.T. and R.T. filed a Motion and Order seeking custody of their grandson, T.M., based on OCS’s decision to place him in the custody of J.E. and T.E., who were no relation, in order to reunite him with his “step-siblings.”2 A May 5, 2003 order dictated that T.M. remain with B.T. and R.T. Upending the outcome of this motion. On June 20, 2003, they filed a further Motion and Order requesting, on the recommendation of Dr. David Legendre, that T.M. not be removed from their home for more than three days, every other weekend, for visitation with his father and half-siblings fearing that “it would add to further confusion in young Mr. [T.MJ’s life.” This order was granted.

A hearing was held on B.T. and R.T.’s custody motion on July 1-2, 2003. Following the close of evidence, the trial court rendered written reasons maintaining custody of T.M. with OCS and approving its decision to remove him from B.T. and R.T.’s home and place him with the approved foster parents, J.E. and T.E., his half-siblings’ maternal aunt and uncle. Judgment was rendered on July 18, 2003. B.T. and R.T. sought supervisory writs to this court based on the trial court’s denial of their motion. We denied the writ application finding that the trial court’s judgment was an appealable judgment pursuant to La.Ch.Code art. 332, giving B.T. and R.T. an adequate remedy via appeal. Unpublished writ State ex rel T.M., 03-929 (La.App. 3 Cir. 8/5/03). Thereafter, B.T. and R.T. sought supervisory writs from the Louisiana Supreme Court, who granted the writ and remanded the matter to [343]*343this court with the instructions that we convert the writ application to an appeal.

Subsequent to B.T. and R.T.’s application for writs, OCS submitted a status report to the trial court on September 16, 2003. In the report, OCS outlined the incidents of case plan compliance or noncompliance by the parents. It also recommended that the children remain in OCS’s custody for a further six months and noted that a Termination of Parental Rights staffing was set for October 20, 2003. On August 28, 2003, and September 9, 2003, counsel for B.T. and R.T. sent letters to [ scounsel for OCS requesting notice of any hearings or proceedings affecting T.M. On September 22, 2003, he wrote the Lafayette Parish Clerk of Court requesting ten days written notice of any further hearing or trial to be held in this matter. He further requested notice of the signing of any judgment or interlocutory order or judgment in this matter.

On September 23, 2003, a case review hearing was held before the trial court. Counsel for B.T. and R.T. did not receive notice of this hearing and was not present. After hearing testimony from two foster care workers, the trial court found that OCS had developed a case plan of reunification and it had made reasonable efforts to reunify the children with their parents.

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Bluebook (online)
869 So. 2d 339, 3 La.App. 3 Cir. 929, 2004 La. App. LEXIS 625, 2004 WL 574438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tm-lactapp-2004.