State in Interest of DMH v. DMH

661 So. 2d 643, 1995 La. App. LEXIS 2451, 1995 WL 567153
Louisiana Court of Appeal·Decided September 27, 1995·No. 27,807-JA·Published·Cited by 5 cases

Opinion

661 So.2d 643 (1995)

STATE of Louisiana In the Interest of DMH, Plaintiff-Appellee,
v.
DMH and JCH, Defendants-Appellants.

No. 27,807-JA.

Court of Appeal of Louisiana, Second Circuit.

September 27, 1995.

*644 Northwest LA Legal Services, Inc. by: Gary M. Skeen, James A. Vaughan and Ramona N. Wallis, Shreveport, for Defendants-Appellants.

James R. Phillips, Bossier City, for The Minor, DMH.

Davidson, Nix, Arceneaux, Jones & Askew by: James H. Askew, Shreveport, for Plaintiff-Appellee.

Before SEXTON, NORRIS and STEWART, JJ.

NORRIS, Judge.

The natural parents, MH (father) and JH (mother), appeal a judgment terminating their parental rights to the minor child, DH, pursuant to La.Ch.C. Art. 1015(5). For the reasons expressed, we affirm.

Factual background

DH was born in Shreveport on January 29, 1989. In June of that year his parents[1] voluntarily turned him over to the Office of Community Services ("OCS") because, as they reported to case worker Michael Ersoff at the time, they were both unemployed, living in their car and unable to care for him *645 properly. The baby was malnourished and covered with insect bites. Some acquaintances of the parents', Mr. and Mrs. Bagley of Haughton, took initial custody of DH. However, JH phoned Mrs. Bagley and came to see the baby only once over the next month, and declined Mrs. Bagley's offer to babysit for pay. Realizing that DH would be in need of care longer than she anticipated, Mrs. Bagley contacted OCS and the child was transferred to certified foster parents, Mr. and Mrs. Conklin of Bossier City, in mid-July.

Case workers testified that the initial goal was to work with the natural parents to reunite the family. However, the parents were not cooperative. Ms. Manwaring, the case worker, testified that they gave her an address at a motel where they could not be found. In early August she gave them a plan for reunification, which set out the following goals:

1. Both parents were to secure employment and maintain it until December 1990.
2. They were to get a stable home. Toward this goal Ms. Manwaring told them about various housing services and shelters.
3. They were to improve their care and concern for the well-being of the child.
4. They were to take parenting classes.
5. They were to maintain regular contact with the child. Ms. Manwaring set regular visits for twice a month at a time and place agreed to by the parents.
6. They were to improve their inadequate contact with OCS.
7. They were to improve their coping skills. Toward this goal Ms. Manwaring scheduled psychological exams for both.
8. They were to make a financial commitment to the child. They were to pay support based on their income.

The plan also advised them that their parental rights could be permanently terminated under certain circumstances.

In mid-August JH came to the OCS office and cursed Ms. Manwaring and another employee. This was only the first of several loud and verbally offensive confrontations. The parents missed their first scheduled family visit with DH on August 30, but came to OCS for a Family Team Conference and were uncooperative with Ms. Manwaring. On one occasion MH asked to speak to Ms. Manwaring's supervisor, Ms. Rice, and complained that Ms. Manwaring was not doing her job; he also advised Ms. Rice that he had phoned the Department of Social Services in Baton Rouge to lodge a formal complaint. However, the Baton Rouge office never received a call from him. Over the next several months MH and JH did not pursue the housing leads, did not make the scheduled appointments with the psychologist, and attended only three of the first nine family visits. Neither parent attended the parenting classes, although JH was pregnant with another child. In December 1989 they rented a house in Caddo Heights Subdivision in Shreveport, where they have lived ever since.[2] Ms. Manwaring was finally able to make a home visit late that month.

The second Family Team Conference was held on January 9, 1990, with neither MH nor JH attending. JH was in the hospital, having just delivered another son, "DVH." Ms. Manwaring visited her there and learned that MH missed the meeting because he was working. Ms. Manwaring's revised plan was similar to the original one, reiterating the need to take parenting classes, improve coping skills and increase contacts with OCS. A new goal was to prepare and stabilize their home for the newborn; OCS arranged to send a client service worker to the house to help them find free health care and transportation. JH said she understood the plan. Another new goal was for the parents to improve their personal hygiene. On January 10 Ms. Manwaring came to the house and explained the plan to both parents. MH, however, insisted that the client service worker would be his "maid"; he got angry and left. JH said she would do her best to get DH back. Despite these assurances, however, over the next six months the parents did not attend the parenting classes or the psychological evaluations; they kept only *646 three of 10 scheduled family visits, even though transportation was offered. At a home visit in early February 1990, Ms. Manwaring found the house a mess, with paint cans on the front porch within a baby's reach; DVH was dressed in only a diaper, despite the cool weather; and both parents' hygiene was still poor. After this, the parents usually would not come to the door when Ms. Manwaring knocked, or else they would answer and not let her in. Other times, unrestrained dogs in their front yard would dissuade her from entering the gate. In May 1990 Ms. Manwaring left OCS; on one occasion JH let her in to introduce the new case worker, Ms. Walker.

The third Family Team Conference was in July 1990; neither parent attended. The case plan noted that MH was employed and that the couple had obtained a residence. The plan still noted as problem areas the lack of parenting skills, lack of coping skills, inadequate regular contact with DH, and lack of cooperation with OCS, specifically the refusal of home visits. The plan advised that procedures for termination of parental rights were possible if the parents failed to improve in these areas. Over the next six months, the parents made five of 10 scheduled family visits (three visits were canceled because the foster parents went out of town and took DH along) and allowed the case worker to enter the house twice. They did not attend the parenting classes. They finally attended a psychological exam with Dr. Donita Gothard in October 1990.

Dr. Gothard, who testified at trial, did not render a specific diagnosis but found that MH was very insecure, lacked ego strength and self concept, was defensive, outgoing and strove to make a good social impression. Dr. Gothard stated that a person with these characteristics is not willing to look at his own behavior or responsibility, but blames others for his problems. The results with JH were similar: she was defensive, naive, impulsive and rebellious, unlikely to perceive cause and effect, and inclined to blame everything on someone else. Specifically, JH told Dr. Gothard the whole situation resulted from DH being in foster care, instead of her own lack of responsibility. Dr. Gothard testified JH could put her own interests before those of her child, thus placing the child in danger. Dr. Gothard's report suggested individual therapy for both parents, but OCS did not pursue this with her.

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State in Interest of DMH v. DMH, 661 So. 2d 643, 1995 La. App. LEXIS 2451, 1995 WL 567153 (La. Ct. App. 1995).

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