State in Interest of JH v. RFH

572 So. 2d 629, 1990 WL 202664
CourtLouisiana Court of Appeal
DecidedDecember 12, 1990
Docket90-323
StatusPublished
Cited by10 cases

This text of 572 So. 2d 629 (State in Interest of JH v. RFH) 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 JH v. RFH, 572 So. 2d 629, 1990 WL 202664 (La. Ct. App. 1990).

Opinion

572 So.2d 629 (1990)

STATE of Louisiana, In the Interest of JH and SEH, Plaintiff-Appellee,
v.
RFH and TH, Defendants-Appellants.

No. 90-323.

Court of Appeal of Louisiana, Third Circuit.

December 12, 1990.
Writ Denied February 8, 1991.

*630 William J. Cutrera, Lake Charles, for appellant Mother.

Woodley, Williams, Fenet, Palmer & Norman, Donald C. Brown, Lake Charles, for appellant Tommy Howard.

Ronald Rossitto, Lake Charles, for appellee Dist. Atty.'s Office.

Raggio, Cappel, Chozen & Berniard, Stephen A. Berniard, Lake Charles, for appellee-State.

Before STOKER, LABORDE and YELVERTON, JJ.

STOKER, Judge.

In this case a mother and father appeal from a judgment of the trial court which terminated their parental rights to two of their children, JH and SEH, who are referred to in this opinion by these initials. In this proceeding we find that the State carried its burden of proof by satisfying at the least the requirements of LSA-R.S. 13:1601(B) and (D) for terminating parental rights. For the reasons discussed below, we affirm the trial court's termination judgment.

FACTS

The record reflects that JH was born to RFH on September 11, 1979; and SEH was born to RFH on January 29, 1982. TH, the natural father of the children, is not named on either child's birth certificate. Nevertheless, TH acknowledges the children as his own natural children and challenges the termination judgment of the trial court.

On May 24, 1985, the Office of Human Development, Parish of Calcasieu, received a report of alleged sexual abuse concerning the four children of TH and RFH. Two of the children allegedly injured were JH and SEH. The office conducted an investigation and concluded that TH had sexually abused an older female child on several occasions. Further, the investigation noted that the Child Protection Agency had received approximately nineteen complaints of abusive conduct and neglectful care by RFH and TH with respect to their children since 1978. A number of the complaints noted TH's abusiveness to the children and to RFH. The allegations of neglect involved no utilities, no food in the home, no treatment for medical problems, lice infestation, excessive absenteeism from school, inadequate housing and evictions. The investigation discovered widespread complaints from neighbors and family members of the children begging, borrowing and stealing food and of TH and RFH having been observed in a drunken and unintelligible state on numerous occasions.

On May 28, 1985, an order of instanter removal was issued by the Fourteenth Judicial District Court, Parish of Calcasieu, removing the children from the custody of RFH and TH. The affidavit in support of the instanter order alleged that RFH and TH were referred to and encouraged to attend the John Briscoe Substance Center for evaluation and treatment for their alcoholism. Nevertheless, TH and RFH continually failed to appear for their appointments at the center. Further, the couple were referred for parenting classes and they also failed to follow through with these. Finally, the affidavit noted that the couple consistently denied that the children were being abused and neglected and refused to cooperate with school personnel in order to help resolve the children's problems.

*631 The children were adjudicated children in need of care, having been found to be abused and neglected on September 5, 1986. TH was convicted of aggravated rape as a result of the sexual abuse of the older female sibling of the two children at issue. He was sentenced to life imprisonment, plus fifteen years, without benefit of parole. He currently resides in Angola State Penitentiary.

The State indicated it would work with RFH to attempt reunification with the children. The State recommended that the mother seek inpatient treatment for her alcoholism at the Briscoe Center. It was decided that upon completion of inpatient treatment RFH would engage in parenting classes, obtain individual counseling and engage in some sort of training which would enable her to find employment to support the children when they were returned to her.

After spending less than forty-eight hours at the Briscoe Center, RFH left, stating she could not stand the confinement. She made no further attempts to obtain treatment for her alcoholism until the week before the trial on the termination proceeding.

The State filed a petition for termination of parental rights on September 13, 1989. A termination hearing was held on December 8, 1989. At the time of the termination hearing, RFH was residing in Gatesville, Texas, having decided after an overnight visit to establish a marriage with BB who agreed to adopt all of RFH's children.

A judgment terminating RFH and TH's parental rights as to the children was signed on January 30, 1990. RFH and TH have appealed that judgment.

LAW

The petition for termination filed by the State requested termination under LSA-R.S. 13:1601(A), (B), (C), (D) and (E). The trial judge found the evidence supported proof of subsections A, B, C, D and E. From our review of the record, we conclude that the State has established grounds for termination under subsections B and D. For that reason we find it unnecessary to consider the other subsections.

LSA-R.S. 13:1601 provides several subsections containing requirements for the termination of parental rights. The evidence need only satisfy the requirements set forth under any given subsection. State in the Interest of Townzen, 527 So.2d 579 (La.App. 3d Cir.1988), writ denied, 535 So.2d 739 (La.1989).

LSA-R.S. 13:1603 provides that the elements of subsection (B) and subsection (D) must be proven by clear and convincing evidence. Additionally, it must be proven "that the best interest of the child dictates termination of parental rights." LSA-R.S. 13:1602(D). State in the Interest of a Minor Male Child, 529 So.2d 34 (La.App. 1st Cir.1988).

LSA-R.S. 13:1601(B) and (D) provide as follows:

"§ 1601. Petitioning for the termination of parental rights

"The court on its own motion may order that the district attorney petition, or the district attorney in his discretion may petition, for the termination of parental rights of the parent or parents of an abused, neglected, or other child within a juvenile court's jurisdiction, when the grounds set forth in the petition meet all the conditions of Subsection A, B, C, D, E, or F of this Section. The district attorney may appoint any attorney representing the Department of Social Services as a special assistant district attorney for the purpose of prosecuting any such case, regardless of the domicile of said special assistant."
* * * * * *
"B. (1) One year has passed since the rendition of an abuse or neglect judgment or child in need of care judgment, as defined in R.S. 13:1600(7), pursuant to the Code of Juvenile Procedure, and in the opinion of the court the parent is unfit to rear the child.
"(2) The parent or parents have shown no significant substantial indication of reformation and are unlikely to reform."
* * * * * *
*632 "D. (1) The child has been in the custody of a child welfare department or other person, pursuant to a judicial order, for a period of at least one year.
"(2) The child was removed from the custody of the parents by judicial order due to the parent's abuse or neglect of the child.

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Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 629, 1990 WL 202664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-jh-v-rfh-lactapp-1990.