State ex rel. W.T.

795 So. 2d 414, 2001 La. App. LEXIS 1873, 2001 WL 909019
CourtLouisiana Court of Appeal
DecidedAugust 14, 2001
DocketNo. 35,289-JAC
StatusPublished
Cited by2 cases

This text of 795 So. 2d 414 (State ex rel. W.T.) 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.T., 795 So. 2d 414, 2001 La. App. LEXIS 1873, 2001 WL 909019 (La. Ct. App. 2001).

Opinions

1,WILLIAMS, Judge.

Donna Hill, the mother of W.T. and L.T., appeals a judgment of disposition placing the children in the custody of their father, Ronnie Trotti, “with the support and help of the paternal grandparents” and subject to visitation by the mother. Finding that the children were in need of care, the trial court ordered that the placement was subject to continued monitoring by the Office of Community Services. For the following reasons, we amend, affirm as amended and remand.

FACTS

In October 1994, during the divorce proceeding between Donna and Ronnie Trotti, a consent judgment awarded the parents joint custody of the minor children, W.T. and L.T., and designated Donna Trotti (now Hill) as the domiciliary parent. The father was granted visitation every other weekend. Subsequently, the parties were divorced.

In February 1999, Donna Hill filed a petition to .modify custody and to restrict the father’s visitation. Hill also filed a petition seeking domestic abuse protection alleging that Ronnie Trotti had held a gun to her head, left the older child in a truck sitting on railroad tracks while a train approached, hit the children with his hands and belt, locked the children in a dark room for extended periods of time and held their heads under water in the bathtub.

In March 1999, Trotti filed a petition for modification of custody and for psychological evaluations, alleging that Hill had made false allegations and had refused him visitation with the children. The paternal grandparents, Lawrence and Dean Trotti, filed a petition of intervention stating that they had developed a close relationship with the minor children and, if the court restricted or terminated the custodial or visitation rights of either or both | ¿parents, were willing to accept placement of the children in their home.

At a hearing on May 22, 2000, the district court was informed that several days before the trial date, the children had been admitted to a psychiatric hospital with Donna Hill’s consent. Hill testified that the children told her of the father’s acts of physical abuse. She said they were afraid of the dark, would scream during the night and bang their heads against the wall at the prospect of seeing their father. After two days of testimony, the trial court became concerned about Hill’s allegations and her apparent inability to substantiate the claims with corroborating evidence of abuse by the father. The court determined that the children’s placement in a psychiatric facility in Shreveport was unfounded and, on the court’s own motion, ordered that the children be removed from the care of Donna Hill and placed in the custody of the State, pending investigation by the Office of Community Services (“OCS”) in DeSoto Parish.

OCS scheduled psychological evaluations of the children, W.T., L.T., their mother Donna Hill, her current spouse [416]*416Robert Hill, their father Ronnie Trotti, and his parents, Lawrence and Dean Trot-ti. The evaluations were performed by Dr. John Simoneaux, a psychologist, who opined in his report that Donna Hill’s suspicions of abuse were within the “realm of a delusional disorder.” OCS later determined that Hill had emotionally mistreated the children. Thereafter, the children were adjudicated in need of care. OCS developed a case plan for Hill with a goal of reunification with her children. As part of the plan, Hill began treatment with Dr. Webb Sentell, a clinical psychologist. After evaluating Donna Hill, Dr. Sentell disagreed with Simoneaux’s diagnosis of delusional disorder and described Hill’s condition has “enmeshment,” indicating an unusually close connection with her children. In light of these apparently contradictory diagnoses, the trial court ordered a follow-up evaluation of Hill by Dr. Simoneaux.

At the hearing on March 21, 2001, Kami-sha Atkins, an OCS case manager, testified that OCS recommended the return • of physical custody of W.T. and L.T. to their mother, with OCS providing transitional services for the mother and children, and specific visitation for the grandparents. Atkins stated that Hill had made significant progress toward successfully completing her case plan. Dr. Carol Jannik, the children’s counselor, Dr. Simoneaux and Dr. Sentell testified that they would not disagree with the OCS recommendation to return the children to their mother, if monitoring of the situation continued. Donna Hill testified that she believed her children when the accusations against the father were originally asserted. When asked whether she still believed that the alleged incidents of leaving a child on the railroad tracks, holding the boys’ heads under the water and locking them in dark rooms actually had happened, Hill stated she was still confused since she wasn’t there and did not know what to believe.

In his oral reasons for judgment, the trial judge stated his understanding that in the prior hearing, there was a “stipulation that the children were in need of care and this is the disposition hearing.” The court found that the children remained in need of care. Although the court believed that Donna Hill loved her children, it found that her inability to know what to believe caused her to impose delusional thoughts on the children. The court found that Hill had made progress, but that her problems were long term and not yet resolved.

14The court declined to follow the State’s recommendation and awarded custody of the children to Ronnie Trotti, with the “support and help” of the paternal grandparents, who would care for the children while Trotti was working off-shore with a 14-days on and 14-days off schedule. The court stated that it had “found nothing in Dean and Lawrence Trotti’s situation that would cause this court any concern for their ability to care for the child[ren]. I’m placing the children in the custody of Ronnie Trotti officially, because he is the father. It’s time that he behaved and acted as one.” The custody award was made subject to OCS monitoring, continued counseling of the children with Dr. Jannik, and unsupervised visitation with Donna Hill every other weekend. Hill appeals the judgment.

DISCUSSION

Donna Hill contends the trial court erred in placing the children in the custody of their father. She argues that the court’s disposition was not supported by the evidence and that the children should be returned to her custody.

When a child has been adjudicated in need of care, the child’s health and safety shall be the paramount concern. The court may place the child in the custody of a parent or such other suitable person on such terms and conditions as are [417]*417deemed in the best interest of the child. LSA-Ch.C. art. 681. The trial court’s determination concerning the placement of a child in need of care is entitled to great weight and will not be reversed on appeal absent an abuse of discretion. State in the Interest of T.H., 561 So.2d 904 (La.App. 2d Cir.1990).

In the present case, the trial court’s finding that W.T. and L.T. were in | sneed of care has not been appealed. At the disposition hearing, the children’s therapist, Dr. Carol Jannik, testified that she had seen each child for more than twenty weekly counseling sessions and opined that them overall well-being had improved during that time. Jannik stated that when the sessions started, W.T. appeared more manipulative than the average child, but that his behavior had improved because of firm limits established in the counseling sessions. Jannik opined that L.T. was very energetic, but was not a hyperactive child and that his attention span was good.

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Cite This Page — Counsel Stack

Bluebook (online)
795 So. 2d 414, 2001 La. App. LEXIS 1873, 2001 WL 909019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wt-lactapp-2001.