State ex rel. T.P.

209 So. 3d 1015, 2016 La. App. LEXIS 2106
CourtLouisiana Court of Appeal
DecidedNovember 16, 2016
DocketNo. 51,172-JAC
StatusPublished
Cited by5 cases

This text of 209 So. 3d 1015 (State ex rel. T.P.) 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.P., 209 So. 3d 1015, 2016 La. App. LEXIS 2106 (La. Ct. App. 2016).

Opinion

GARRETT, J.

hThe schizophrenic mother of a four-year-old girl who has been in foster care since infancy appeals from a trial court judgment terminating her parental rights and releasing the child for adoption. We affirm the trial court judgment.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

In late June 2012, the 32-year-old mother — who has a significant and lengthy history of substance abuse and mental illness — gave birth to a daughter, T.P. After being discharged from the hospital, the mother and the child went to live with the maternal grandmother and the mother’s niece at the niece’s house. Initially, the grandmother and the niece took care of the child. However, on July 6, 2012, the mother began insisting upon caring for the child by herself. On July 8, 2012, the grandmother called the police and reported that, since the mother had assumed sole care of the child, she had failed to adequately feed and care for the infant. The grandmother also reported that the mother had locked herself and the baby in her bedroom for a period of time.

Elisha McNeal, an investigator for the Department of Children and Family Services (“DCFS”), was called to the home by the police. She interviewed the mother and her family. The grandmother informed her that the mother had severe mental health issues, which rendered her unable to care for the baby, and that she was prone to violent, erratic, and impulsive behavior. The niece verified the grandmother’s statements about the mother’s history of [1018]*1018mental illness and violence. According, to the niece, | ¡.family members .were willing to help care for the baby, but were afraid of the mother’s reaction if they did. The mother told Ms. McNeal that she had been diagnosed with schizophrenia and prescribed Seroquel, an antipsychotic medication, which she was unable to take during her pregnancy. (When she was discharged from the hospital, the mother was offered a prescription to resume her medication, but she chose not to take it.) Ms. McNeal observed that the mother appeared to lack knowledge of basic child care.1

The police took the mother to the hospital for an evaluation of her mental state. However, no psychiatrist was on staff that day, and the mother was discharged after she refused to be admitted and stay voluntarily.

An instanter order was issu'ed, placing the baby in DCFS custody. Initially, she was placed in foster care with a maternal great-aunt. In the supporting affidavit for the instanter order, Ms, McNeal stated that she had ascertained that the mother had been involved in a prior case in which she left her sister’s children, who were in her care, unattended and that she had an extensive history with law enforcement. The location of T.P.’s father was unknown at that time.2

On July 12, 2012, a continued custody hearing was held. The mother and grandmother both attended and testified, as did Ms. McNeal. Attorneys for the state, the mother, and the child were also present. Ms. McNeal testified about how the child came into state custody. The mother denied | slocking herself and the baby in the bedroom or failing to feed the baby. She also denied having a mental problem; instead, she said she had a drug problem that related back to smoking POP nine years before. She admitted being diagnosed with schizophrenia and hearing “friendly voices.” She said that when she took Seroquel, she did not hear- the voices as much and was calmer. She insisted that she did not want her mother or niece to help care for the child and claimed that she was upset because they had done so to her exclusion since the baby came home from the hospital. She stated that she did not want the child returned at the time of the hearing because she was getting along with the grandmother and the return of the child would cause problems between them. The grandmother testified that, during the incident leading to the child’s removal, the door to the mother’s room was not locked. Although she could get in the room, the mother rebuffed her efforts to feed the baby. She said she was able to feed the baby at one point when the mother was bathing. She also noted that the mother failed to change the child’s clothing for three days.

Based upon the evidence, the court found reasonable grounds to believe that the child was in need of care, continued custody with DCFS was necessary for the child’s safety and protection, and DCFS had made all reasonable efforts to prevent removal. The court stated that it was encouraged by the mother’s testimony that [1019]*1019she recognized that she needed to resume her medication. At the conclusion of the hearing, the court advised the mother that it could refer her to the Indigent Defender Board (“IDB”), so she could obtain free counsel for further proceedings. However, the mother repeatedly and emphatically refused the court’s offer.

|40n August 10, 2012, the state filed a petition to declare the child in need of care based on neglect/dependency and inadequate food. At the hearing to answer the petition on August 13, 2012, the court repeatedly and strongly encouraged the mother to obtain legal counsel. The mother unequivocally refused again, insisting that she could speak for herself and that she didn’t feel she needed an attorney. The mother entered a denial to the allegations in the petition, and a full child-in-need-of-care (“CINC”) hearing was ordered for September. 13,2012.

At the CINC hearing, testimony was given by Ms. McNeal and Donna Harris, a DCFS foster care worker. The mother also testified. At the beginning of the hearing, the court once again asked the mother if she wished to be referred to the IDB; the mother refused yet again. Ms. McNeal detailed the events surrounding T.P.’s removal from the mother’s custody, including how the family was too afraid of the mother to keep the baby.- She also stated that, when she interviewed the mother several days after the child was removed, the mother indicated that she was getting along well with her family and she was afraid that the child’s return would cause everything to “go to shambles again.” Ms. Harris testified that the case plan for reunification called for the mother to attend parenting classes, complete a substance abuse assessment, and obtain employment, and that the mother had indicated that she did not need any of those services. She further testified that DCFS was still working toward reunification,- but that its recommendation could change in 11 months if the mother continued to fail to work on the case plan.

The mother was questioned by the court, She explained that, on the day the police were called, she was angry because everyone else had been) staking care of the baby and she never got to hold her. She expressed her beliefs that she could care for the baby without any help and that she did not have to work the case plan because “[e]verything that I’m going through is just a bunch of lies.” She indicated that she had been taking Seroquel for nine years before she became pregnant and had resumed it for two months before her counselor recently changed it. She testified that she had been diagnosed as schizophrenic after getting sick from doing PCP nine years earlier and that she was being seen monthly at the Monroe Mental Health Center (“MMHC”) for her schizophrenia and substance abuse. She had also been prescribed an antidepressant. She conceded that she would be on medications for the rest of her life and asserted her willingness to take them.

At the conclusion of the evidence, the court found T.P. in need of care and continued her custody with the state.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re State in Interest of S.G.
273 So. 3d 1279 (Louisiana Court of Appeal, 2019)
State ex rel. Z.P.
255 So. 3d 727 (Louisiana Court of Appeal, 2018)
State ex rel. A.L.D.
251 So. 3d 554 (Louisiana Court of Appeal, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
209 So. 3d 1015, 2016 La. App. LEXIS 2106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tp-lactapp-2016.