State ex rel. WS

626 So. 2d 408, 1993 La. App. LEXIS 3200, 1993 WL 429706
CourtLouisiana Court of Appeal
DecidedOctober 15, 1993
DocketNo. CA 93 0791
StatusPublished
Cited by5 cases

This text of 626 So. 2d 408 (State ex rel. WS) 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. WS, 626 So. 2d 408, 1993 La. App. LEXIS 3200, 1993 WL 429706 (La. Ct. App. 1993).

Opinion

WHIPPLE, Judge.

This case is before us on appeal from a judgment terminating the parental rights of BS (the father) and'TS (the mother). The mother appeals.

FACTS AND PROCEDURAL HISTORY

BS and TS are the natural parents of the minor children: WS, a boy born on June 27, 1982; JS, a boy bom on July 7, 1984; and, HS, a girl born on April 11, 1988.

On February 16, 1990, an instanter order was issued, and the minor children, WS, JS, and HS, were placed in the custody of the State of Louisiana, Department of Health and Human Resources, Office of Human Development (State). Following a “72-hour hearing” on February 20, 1990, the minor children were adjudged “children in need of care” and custody of the children was continued with the State upon stipulation of the parties.1

The record in this case includes transcripts of seven separate hearings relative to these children after the initial “72-hour hearing”: an adjudication and disposition hearing held on May 29,1990; a six-month review hearing held on July 26,1990; a twelve-month review hearing held on January 24, 1991; an eighteen-month review hearing held on July 23, 1991; a dispositional review hearing held on January 24, 1992; a dispositional review hearing held on July 6, 1992; and the termination proceedings held on December 11, 1992.

From these hearings, we have gleaned the following facts. This family was well known to the State prior to the February 20, 1990, hearing when custody of these three children was awarded to the State. In 1980, the parents’ first born child had been removed [410]*410from their custody due to neglect and was ultimately adopted by a relative.

In December of 1987, the State began working with the family with regard to the three children involved in this appeal after receiving complaints of abuse and neglect, including physical abuse of the children by the father. Donna Cohen, a Case Investigator for the Office of Community Services, was the initial case investigator. Her investigation revealed that the children lived with their parents and paternal grandmother in a filthy mobile home in which there was exposed food, unsanitary living conditions, and roach infestation. Cohen observed that the two boys were neglected and developmental-1y delayed and were not attending school or receiving normal environmental stimuli.

In February of 1988, Roseanne Brodie, a Social Service Specialist II with the Office of Community Services, was assigned as the family service worker for the family. Upon investigation, Brodie discovered that WS, then age five, and JS, then age three, were still wearing diapers and drinking from bottles. According to Brodie, the investigation revealed that the two children were “talking very little, if at all” and that JS was “only grunting.” She discovered that the children were being locked inside the trailer most of the time and noted that the conditions of the family’s mobile home were substandard, as the inside of the trailer was filthy. Further, WS and JS had extremely poor dental health, which Brodie described as “a mouthful of rotten teeth.” Brodie also received continued reports from sources in the community of on-going physical abuse of the children by their father, including reports of the father “slapping” them, “knocking around” WS, and inflicting a black eye on the child.

Brodie conducted a “family team conference” in February of 1988, and the parents were asked to improve their parenting skills by attending parenting classes. Their cooperation in seeking dental care for the children was also requested. Brodie scheduled several dental appointments for the children, which the parents failed or refused to attend. Mr. and Mrs. S told Brodie they missed the first appointment due to lack of gasoline, despite the fact that state-provided transportation was available to them. The remaining appointments were missed because the parents refused to take the children to the dentist, BS explaining that WS was going to get new teeth anyway and that JS was afraid. Finally, nine months later, and after the State had obtained an order adjudging the family “in need of supervision,” the children received medical attention and were hospitalized for oral surgery at Children’s Hospital.

At the “family team conference,” the parents were also asked to cooperate with the school system in enrolling the children in school. Brodie explained that it required approximately seven months, from February to September of 1988, to accomplish enrollment of the children, despite the fact that the children could have been registered immediately. This delay was attributed to the parents’ failure to keep appointments with the school system to have the children evaluated.

In 1989, Brodie received further complaints of physical abuse of WS by the father. Also, by this time, the third child, HS, was born, and there were complaints that the father was physically abusing the baby.

Nonetheless, the State continued in its efforts to work with the family in February of 1990, when an instanter order was issued, removing the children from the custody of the parents and placing them in the custody of the State. The incident prompting the children’s removal from the home was the father’s alleged stabbing of WS in the chest with a steak knife or pocket-knife and the parents’ subsequent failure to seek medical attention for the boy’s injury.

William H. Smith, a Social Service Specialist I, investigated this incident on February 12, 1990, after receiving a report from school authorities that WS had been cut by his father during an incident at home over the weekend for which no medical attention had been sought by the family.

Smith went to WS’s school and interviewed the child regarding the cut. WS told the social worker that he had been in an argument with his father and that he had slapped his father. After his father slapped him back, his father went into another room, came back with a pocket-knife and cut him. [411]*411Smith then went to the family home and interviewed the parents separately. The father initially claimed that he was eating potted meat with a butter knife and accidentally inflicted the chest wound. However, at the hearing held on January 24, 1992, Mr. S denied any incident involving WS being cut with a knife and stated that he had no knowledge of any injury until he was notified of such by the school.

Smith also interviewed the mother concerning the wound, and she explained that her husband had been drinking and had engaged in an argument with WS. According to Smith, the mother’s initial version of what had occurred corroborated the child’s explanation. However, at the termination hearing, the mother instead claimed that WS had been cut while playing outside in the chicken yard and denied any incident involving the father.

Dr. Nancy Mule, an expert in the field of pediatrics, examined WS on February 14, 1990. At the time, the chest wound was four days old, and she described it as being three inches long, three centimeters wide, of some depth with penetration of the superficial layers and gaping margins. By the time Dr. Mule examined the child, granulation tissue was forming, and the wound was showing signs of infection. Dr. Mule opined that WS had not received adequate medical care as the wound had not been sutured. Finally, Dr. Mule opined that the appearance of the chest wound was consistent with the history obtained from the child.

Following this incident, the case workers concluded that the children were at risk.

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Bluebook (online)
626 So. 2d 408, 1993 La. App. LEXIS 3200, 1993 WL 429706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ws-lactapp-1993.