State, in Interest of Cg

609 So. 2d 1049, 1992 La. App. LEXIS 3739, 1992 WL 350779
CourtLouisiana Court of Appeal
DecidedDecember 2, 1992
Docket24,631-JA
StatusPublished
Cited by7 cases

This text of 609 So. 2d 1049 (State, in Interest of Cg) 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, in Interest of Cg, 609 So. 2d 1049, 1992 La. App. LEXIS 3739, 1992 WL 350779 (La. Ct. App. 1992).

Opinion

609 So.2d 1049 (1992)

STATE of Louisiana in the Interest of C.G.

No. 24,631-JA.

Court of Appeal of Louisiana, Second Circuit.

December 2, 1992.
Writ Denied February 5, 1993.

*1050 Jefferson, Edwards & Tocke by Stephen A. Jefferson, Monroe, for appellant.

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for appellee.

Before MARVIN, SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

J.P. and S.P. are the biological parents of C.G., a minor child. They appeal from a trial court judgment denying their rule to obtain custody of their daughter, C.G., from the maternal grandparents, in whose home the child had been placed by the Department of Social Services (DSS) after her removal from her mother's care. For the reasons assigned below, we affirm.

FACTS

C.G., the child who is the subject of these proceedings, was born on May 26, 1986, to J.P., a 17-year-old unmarried woman. (S.P., who was 40 years old when the baby was born, initially denied paternity. However, he eventually signed an acknowledgment of paternity and married the mother in 1989.)

In December, 1986, the DSS began to receive reports that C.G. had severe diaper rash because of her mother's neglect. It was also reported that the mother would frequently leave the infant alone in their apartment. These complaints were validated. In January, 1987, a social worker was assigned to the case, but she was only able to arrange one meeting with the mother.

In April, 1987, the DSS was still receiving complaints that, in addition to leaving the baby alone in the apartment, the mother was also leaving her alone in a car, sometimes for hours at a time. Furthermore, when the mother did leave the baby *1051 with other people, she would be gone for more than 24 hours without providing them with any means by which they could contact her in case of emergency.

On May 21, 1987, a petition was filed by the DSS in the Monroe City Court, sitting as a juvenile court (hereinafter referred to as "the juvenile court"), seeking custody of the child. Pursuant to this petition, an instanter order was issued which granted the temporary custody of the child to the DSS. At a hearing the next day, custody in the DSS was continued. The juvenile court also ordered the mother to attend parenting skill classes and be evaluated by a psychologist.

Mr. G., the child's 40-year-old maternal grandfather, and Mrs. G., his 36-year-old wife, contacted the DSS, expressing an interest in taking the baby into their home.[1] A home study of their family concluded that they could provide a suitable home for the child.

In June, 1987, Dr. Bobby Stephenson conducted a psychological evaluation of the mother. He found her to be emotionally immature and manipulative. He further found that she tended to "gloss over any problems" and insisted that leaving the baby alone did not constitute neglect. Dr. Stephenson also noted severe problems in her relationship with her father.

On June 12, 1987, the DSS filed a petition in the juvenile court seeking adjudication of C.G. as a child in need of care. Pursuant to this petition, the juvenile court subsequently declared her to be a child in need of care. In July, 1987, the juvenile court continued custody of the child with the DSS but placed her in the grandparents' home. On September 29, 1987, a hearing was held at which the court directed that the child remain in the custody of the state and that physical placement remain with the grandparents. The court again ordered the mother to attend parenting skill classes and receive counseling.

In March, 1988, the DSS recommended that legal custody of C.G. be granted to the grandparents. On March 29, 1988, the juvenile court concurred in this recommendation and placed her in the custody of the grandparents.

In August, 1989, the mother filed a motion in the Fourth Judicial District Court, seeking to obtain custody and/or visitation, claiming that she had not been allowed to see the child since January, 1989. She had finally completed a parenting skill class and had also obtained an acknowledgment of paternity from the child's father. At this time, the district court established a visitation plan for every other weekend.

In October of 1989, the parents were married. In November, 1989, the district court ordered that the previously set visitation schedule be continued, and that a home study be conducted on the parents. The home study, which was submitted to the district court in February, 1990, was favorable.

In July, 1990, additional evaluations were performed pursuant to a motion filed by the grandfather. The resulting report was particularly complimentary of the father and the grandparents. Dr. David Boyle, the counselor who performed the evaluations, found that all of the parties were interested in doing what was best for the child. However, Dr. Boyle recommended that C.G. remain in her grandparents' custody and that the current visitation with the parents (every other weekend) be continued. The recommendation was based on the fact that the child was doing "exceptionally well" under her present living arrangements. Dr. Boyle acknowledged that visitation with the parents might be increased at a later date.

In July, 1990, the district court sustained the grandparents' exception to jurisdiction and transferred the matter to the juvenile court. The district court found that the juvenile court had exclusive jurisdiction because of its prior adjudication proceedings. Thereafter, the mother filed a motion in the juvenile court seeking modification of the *1052 adjudication order, which had placed the child in the custody of the grandparents. In her motion, the mother requested that C.G. be returned to her custody.

On August 21, 1990, a hearing was held in the juvenile court on the mother's motion for modification of custody. (Shortly thereafter, the mother gave birth to her second daughter.) On November 19, 1990, the court rendered a written opinion in which it ordered that C.G. remain in her present environment. It found that the child had bonded with the grandparents and was thriving in their care. The court specifically found that the mother was still as manipulative as when she was originally evaluated by Dr. Stephenson in 1987. The court expressed grave concerns about the stability of the parents' marriage, as well as the conflict between the grandfather and the mother. Although the father had acknowledged paternity, the court noted how vehemently he had previously denied paternity.

The juvenile court concluded that it would be a "total disservice" to C.G. to return her to her mother's care. Among the many factors contributing to this conclusion were the mother's poor record in child care, the recent birth of the parents' second child, and the resulting stress that placed upon the mother. However, the court specifically stated that if the mother ever showed a consistent pattern of stability, it might reevaluate the case sometime in the future. The current visitation schedule was continued. Judgment was signed on April 29, 1991.

On April 1, 1992, the parents filed the present rule to modify custody. On April 21, 1992, the grandparents obtained an order directing the father to pay child support of $465 per month, effective January 1, 1992. On May 22, 1992, a hearing was held on the parents' rule to modify custody.

At the hearing, the parents presented the testimony of several witnesses who praised their care of their second child, who was then almost two years old. However, this testimony also established that when the parents had C.G.

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Bluebook (online)
609 So. 2d 1049, 1992 La. App. LEXIS 3739, 1992 WL 350779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-cg-lactapp-1992.