State ex rel. W.C.C.

809 So. 2d 216, 2001 La.App. 1 Cir. 0795, 2001 La. App. LEXIS 1656, 2001 WL 701702
CourtLouisiana Court of Appeal
DecidedJune 22, 2001
DocketNo. 2001 CJ 0795
StatusPublished

This text of 809 So. 2d 216 (State ex rel. W.C.C.) 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. W.C.C., 809 So. 2d 216, 2001 La.App. 1 Cir. 0795, 2001 La. App. LEXIS 1656, 2001 WL 701702 (La. Ct. App. 2001).

Opinion

UCARTER, C.J.

WCC was born on January 31, 1996. He was taken from his mother, DC, and placed in state custody in May 1996 because she was providing him inadequate food and shelter. He has lived in foster homes for the past five years. In July 1999 the trial court terminated DC’s parental rights and certified WCC as adoptable.2 Because the State3 failed to prove DC had failed to comply with her case plan, on March 31, 2000, this court reversed that judgment and remanded the case to the trial court to develop a plan for continued state custody with the foster family with whom the child had been residing, subject to visitation by the child’s mother.4 We noted that our decision did not mean that “termination and adoption will never be an option for him.” On February 6, 2001, after several interim hearings and changes, the trial court approved a permanent plan of adoption with monthly supervised visitation. DC appeals.

FACTUAL AND PROCEDURAL BACKGROUND

After the July 1999 judgment of termination and while the appeal was pending in this court, the State placed WCC with a potential adoptive parent, CC. His former foster mother, RC, refused any further contact with him at that time. A hearing was scheduled for May 2, 2000, while a rehearing application was pending with this court. The hearing was continued because Dr. Scott Butler, a counselor who had been treating WCC for several months, was unable to testify. Counsel for DC pointed out to the trial court that Dr. Butler’s report was based on a goal of adoption, which was contrary to the directive of this court. The trial court suggested to counsel for the State that she make Dr. Butler aware of the legal posture of the case before the next hearing.

The trial court held a case review hearing June 6, 2000. Dr. Butler was offered as an expert in mental health counseling, in particular as to children. On voir dire he testified that he has a Ph.D. in counseling and is licensed by the state of Louisiana as a | -¡professional counselor. He provides counseling both to children in long-term foster care and those in potential adoption placements. Part of his counseling services includes making recommendations regarding visitation between the child and the biological parent. He is also the executive director of a nonprofit state-licensed adoption agency. He was asked by the Office of Community Services (OCS) to provide counseling to WCC when he was moved from one foster home to another. He had been treating WCC for approximately five months at the time of this hearing.

OCS asked Dr. Butler to assess whether WCC’s behavior was out of the norm for his age and whether WCC’s behavior was related to continued contact with DC while he remained in foster care. He testified that, in his opinion, continued contact with DC was not in WCC’s best interest. DC’s counsel objected to this line of questioning because of this court’s directive to continue visitation, but after the State’s counsel pointed out that visitation is always subject [218]*218to review, the trial court overruled the objection.

Dr. Butler testified that based on his review of an OCS report relating WCC’s behavior after visits with DC and summarizing the reports of several psychologists who had evaluated DC, it was his opinion that visits with her should be terminated until he was older and more emotionally developed. Dr. Butler stated that the chief behavioral problem WCC was having after visits with DC was defecating in the living room.5

The State asked that WCC’s case management plan be changed to a goal of adoption and visitation be terminated. The trial court felt our decision bound it to maintain WCC in foster care until he showed improvements from therapy and started school. The court also felt our opinion obligated him to order visitation with DC. Since Dr. Butler’s opinion that visitation should be discontinued was based on second-hand knowledge, the trial court ordered Dr. Butler to supervise two visits between WCC and [4PC, to evaluate DC, and to give his impressions on the visitations to the court at a hearing to be held two months later.

The next hearing was held in August 2000. Terrilynn Bowe, an OCS caseworker, testified that WCC’s foster mother reported that after the visits with DC, WCC slept for extended periods of time, curling up and appearing exhausted and withdrawn; that he played with fire and set fire in his room immediately following the visits; and that he stated he did not want to visit DC any more.

Dr. Butler testified regarding the two visits he supervised and his meetings with DC after the visits. DC’s counsel stipulated to Dr. Butler’s qualifications as a counselor but objected to his testifying on the issue of visitation, implying that he was biased in favor of adoption. Dr. Butler testified he had been referred only five cases by OCS, and in those cases he provided counseling to children and their families in foster care, to biological parents, and to those in adoption placements. DC’s counsel also objected to Dr. Butler’s testimony because, in his opinion, this court’s opinion was that visitation was in WCC’s best interest and he did not think the State should be allowed to attempt to disprove that. The trial court overruled the objections, stating the court desired Dr. Butler’s testimony to help it determine what type of visitation was in WCC’s best interest at that time.

The supervised visits between DC and WCC were held at Dr. Butler’s office in Mandeville. He testified it was clear WCC did not want to be in the same room with DC; he avoided both physical and eye contact with her. Forty minutes into the first visit he ran to the door and said, “I want to go to my mommy,” referring to his potential adoptive mother, CC. Although WCC normally was able to express himself emotionally, giving and receiving hugs, even with people he did not know, he refused to give DC a hug or goodbye kiss and clung to CC’s leg. After the visits, he [219]*219experienced crying spells, urinated on the floor, set fires, clung emotionally to CC, and demonstrated insecurity with his current placement by telling CC, “I do love you. Please don’t let me go.” Dr. Butler testified that WCC had emotionally bonded with CC and his foster siblings and that continued visits with DC would undermine that bonding process and adversely affect WCC. He stated that while DC loves her son, she acknowledged that, “If he don’t Iswant to be here, he don’t want to be with me, then he shouldn’t have to be made to be with me.”

Lesley Beard, the CASA volunteer for WCC, testified she had visited with WCC on several occasions, including once after he left a visit with Dr. Butler. She had also visited with DC at DC’s home. She stated DC loves her son, and it is obvious she wants to visit with him. She recommended, however, that the visits between DC and WCC be stopped because of “what’s going on with [WCC] after he visits with the therapist and with [DC].”

The trial court then ordered that visitation be suspended and that a psychologist evaluate WCC. Another hearing was scheduled one month later, on September 5, 2000. At that hearing, counsel for the State reported that DC and WCC had been evaluated by a licensed psychologist, Dr. Salcedo. The parties stipulated to monthly supervised visits with the parameters to be set by Dr. Butler.

Another hearing was held October 31, 2000. Dania Fandal, a caseworker with OCS, testified.

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Bluebook (online)
809 So. 2d 216, 2001 La.App. 1 Cir. 0795, 2001 La. App. LEXIS 1656, 2001 WL 701702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wcc-lactapp-2001.