State in Interest of KLB v. Biggs

690 So. 2d 965, 1997 WL 90597
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1997
Docket29512-JAC
StatusPublished
Cited by19 cases

This text of 690 So. 2d 965 (State in Interest of KLB v. Biggs) 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 KLB v. Biggs, 690 So. 2d 965, 1997 WL 90597 (La. Ct. App. 1997).

Opinion

690 So.2d 965 (1997)

STATE of Louisiana In the Interest of KLB and FB, Jr., First-Appellant/ Appellee,
v.
Kathy Lynn BIGGS and Fred Biggs, Sr., Appellees/Second Appellants.

No. 29512-JAC.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1997.

Susan Skidmore, Department of Social Services, Office of Community Services, for First Appellant/Appellee.

Elizabeth Brown, West Monroe, for Appellee/Second Appellants.

Before NORRIS, STEWART and CARAWAY, JJ.

CARAWAY, Judge.

In this action to terminate parental rights, the State of Louisiana, through the Department of Social Services, appeals the trial court's refusal to terminate the parental rights of Kathy Biggs. Also included in this record is an appeal by Fred Biggs Sr., Mrs. Biggs' former husband, who sought review of a subsequent ruling that reduced his visitation with the children. Because Mr. Biggs is *966 now deceased, his appeal is moot and is hereby dismissed. Although we cannot find the trial court abused its discretion in refusing to terminate parental rights, we do find that the order for placement of the children in long-term foster care was premature and remand this case for further proceedings in light of the changed circumstances which have occurred as a result of Mr. Biggs' death and the strong policy of permanent placement as set forth by statute and discussed below.

Factual and Procedural History

Pursuant to a report of child abuse, the Monroe Office of Community Services ("OCS") opened an investigation of Kathy Lynn Biggs and Fred Biggs, Sr. in June, 1989. Left unattended, the Biggs' daughter ("KLB") received second degree burns from an accident involving a cup of coffee. The investigation also revealed a lack of parenting skills on the part of Mr. and Mrs. Biggs as well as unclean living conditions. Floors were not swept, car parts that leaked oil were left on the porch and ash tray spills were observed in the living room. The personal hygiene of the family also varied from satisfactory to poor during the course of the investigation.

On March 4, 1991, the OCS received a report of inadequate shelter regarding the Biggs children (KLB, then age 2 and FB, age 5 months). The investigator found dirty floors, dirty clothes piled in the kitchen, and roaches and clutter throughout the home. When the investigator returned on March 14, 1991, the home was in better condition. However, during the investigator's visit, Mrs. Biggs allowed KLB to go to the restroom unsupervised and the child smeared feces over the bathroom walls. The investigator returned again on April 5, 1991, and found the home in worse condition than when it was first inspected.

Between April and October the OCS worked with the Biggs to improve their housekeeping, personal hygiene, and parenting skills. Mrs. Biggs would clean the home at the urging of the case worker but established no consistency. During this time the children were dirty and two-year-old KLB was found unsupervised in the neighborhood on two occasions. Although parenting skills improved moderately with counseling, the family's hygiene failed to improve. One report of physical abuse turned out to be encrusted dirt on KLB's face.

Between October 28, 1991, and December 30, 1991, a social service specialist spent 95 hours with the Biggs. The specialist taught Mrs. Biggs how to clean the home and care for the children by modeling appropriate behavior. The social worker found Mrs. Biggs helpful and eager to please. A written cleaning schedule and calendar were placed in the kitchen to help Mrs. Biggs remember to clean the home. When the social worker returned to the home three months later she found it to be in a satisfactory condition.

In June, 1992 Janice Madison and Deborah Sherrill, social workers with the OCS, investigated a report of inadequate food and shelter at the Biggs' residence and found rotten food on the porch and the yard swarming with flies. A foul odor emanated from the home and the kitchen sink and bathtub contained standing blackish water. The floor of the home was covered with feces and urine and dirty clothes were piled all around. Empty beer and cola cans were laying on the floor. FB was very dirty and had been playing in feces. KLB had severe body odor. A medical examination revealed both children had Hepatitis B. At this time the children were removed from the home and Mrs. Biggs underwent prosecution for cruelty to a juvenile. She apparently tied KLB to the bedpost to keep her from running away. Mrs. Biggs pled guilty to second degree battery and was sentenced to two years at hard labor. The trial court suspended the sentence and placed her on probation. The children were adjudicated children in need of care pursuant to La.Ch.C. arts. 601 and 666, in September, 1992.

After the children were removed from the home, Allyson Lensing, an OCS case manager continued working with the Biggs on hygiene, parenting, and housekeeping between June, 1992 and November, 1993. She testified that keeping the home clean and free from pests was a continuing problem for the Biggs during this time. Kay Frost, the case *967 manager since November 1, 1993, testified that the Biggs had not completed counseling and their hygiene remained poor.

At the December 15, 1992, dispositional hearing the Biggs consented to the children remaining in the custody of the state. Allyson Lensing, the case manager, testified that the children were being treated for hepatitis and were doing well in foster care. Mrs. Lensing testified that Mrs. Biggs had attended parenting classes and was pursuing her GED and Nursing Assistant Certificate. According to Mrs. Lensing, the Biggs' housekeeping had improved some but the OCS recommended the children remain in foster care.

Another dispositional hearing was scheduled for September 28, 1993; however, several lawyers failed to appear and the hearing was postponed. The next minute entry is dated July 25, 1994, and reflects the filing of the petition to terminate parental rights. The first hearing regarding termination of parental rights was held in December, 1994 at which time Judge Jefferson held his ruling in abeyance for six months to allow the Biggs to improve their parenting, hygiene, and housekeeping. After further hearings in 1995, a judgment refusing to terminate parental rights was filed November 17, 1995. The judgment further stated "that long term foster care be the permanent plan for these minor children" despite the fact that the OCS did not seek such relief nor present evidence as to a "specific foster family" as required by LSA Ch.C. art. 702 B.

Dr. David Dallas Thomason, a clinical psychologist, evaluated the Biggs regarding their parenting ability. Dr. Thomason conducted personal interviews, intelligence testing, and personality test. The testing revealed Mrs. Biggs has an I.Q. of 78 which places her in the slow learner classification. She reads at the ninth grade level and spells on the eighth grade level. Dr. Thomason determined that Mrs. Biggs had the cognitive ability to understand and make changes in her life but her dependence on Mr. Biggs was a negative factor. Mrs. Biggs, however, took responsibility and acknowledged neglect of the children. While Dr. Thomason recognized this as a positive sign, he would not recommend return of children. At trial Dr. Thomason stated:

I think she [Mrs. Biggs] is certainly motivated, clearly motivated to make continuing improvements in her life. And I think that this is a very sad case, and it is very difficult to sit in front of them and to say you can never be trusted to take care of your children.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. N.B.
248 So. 3d 532 (Louisiana Court of Appeal, 2018)
State ex rel. L.D.
92 So. 3d 454 (Louisiana Court of Appeal, 2012)
State ex rel. K.R.M.
86 So. 3d 51 (Louisiana Court of Appeal, 2012)
State ex rel. J.T.
58 So. 3d 1015 (Louisiana Court of Appeal, 2011)
In the Matter of Jwm
15 So. 3d 1218 (Louisiana Court of Appeal, 2009)
State ex rel. J.W.M.
15 So. 3d 1218 (Louisiana Court of Appeal, 2009)
State ex rel. B.H. v. A.H.
968 So. 2d 881 (Louisiana Court of Appeal, 2007)
State ex rel. F.H. v. House
801 So. 2d 1123 (Louisiana Court of Appeal, 2001)
STATE IN INTERES OF FH v. House
801 So. 2d 1123 (Louisiana Court of Appeal, 2001)
State Ex Rel. IDH v. Thomas
787 So. 2d 526 (Louisiana Court of Appeal, 2001)
STATE, DEPT. OF SOCIAL SERV. v. Phillips
785 So. 2d 155 (Louisiana Court of Appeal, 2001)
State ex rel. R.C.
769 So. 2d 622 (Louisiana Court of Appeal, 2000)
State ex rel. S.D. v. Moore
717 So. 2d 265 (Louisiana Court of Appeal, 1998)
STATE, IN INTEREST OF SD v. Moore
717 So. 2d 265 (Louisiana Court of Appeal, 1998)
STATE, IN INTEREST OF DG v. Danny G.
702 So. 2d 43 (Louisiana Court of Appeal, 1997)
State, in Interest of Jm
702 So. 2d 45 (Louisiana Court of Appeal, 1997)
State in Interest of DT v. KT
697 So. 2d 665 (Louisiana Court of Appeal, 1997)
State ex rel. D.T. v. K.T.
697 So. 2d 665 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
690 So. 2d 965, 1997 WL 90597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-klb-v-biggs-lactapp-1997.