State, in Interest of Mp

538 So. 2d 1112, 1989 WL 14522
CourtLouisiana Court of Appeal
DecidedFebruary 15, 1989
Docket88-CA-638
StatusPublished
Cited by19 cases

This text of 538 So. 2d 1112 (State, in Interest of Mp) 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 Mp, 538 So. 2d 1112, 1989 WL 14522 (La. Ct. App. 1989).

Opinion

538 So.2d 1112 (1989)

STATE of Louisiana In the Interest of M.P. and B.P.

No. 88-CA-638.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 1989.

George E. Escher, New Orleans, for plaintiff/appellant.

Janice L. Kazmier, Bureau of Legal Services, New Orleans, for appellee, DHHR.

Before CHEHARDY, BOWES and DUFRESNE, JJ.

BOWES, Judge.

Appellant, Mrs. E, appeals a judgment of the Juvenile Court terminating her parental rights to her children, M.P. and B.P. We affirm.

M.P. and B.P. came into the custody of the Department of Health and Human Resources (hereinafter DHHR) on September 24, 1985. At that time, M.P. was approximately three years old, and B.P. one year old. They were left in the care of a minor when their mother, Ms. P (now Mrs. E), attempted to commit suicide on September 22, 1985. According to the DHHR worker, Sheryl George, the housing conditions and the condition of the children were "deplorable"; the testimony indicates that the children were victims not of physical abuse but rather of neglect. The children were taken into custody and adjudicated to be children in need of care on November 26, 1985. At first, they were placed in St. *1113 Vincent's Infant Home, and later with the foster parents, Mr. and Mrs. G, with whom they continued to reside (through the date of the termination proceedings).

Ms. P was taken to West Jefferson Hospital following her suicide attempt where she remained for approximately one and one-half weeks. Afterwards, while the children were in the State's custody, Ms. Virginia Arias was Ms. P's family service worker. Ms. Arias testified that a contract between Ms. P and the Department was drawn up and renewed every six months. Basically, Ms. P was to obtain stable housing, stable employment, attend therapy at West Jefferson Mental Health Clinic, and to visit the children regularly. Later, she also agreed to attend parenting classes at Family Services of Greater New Orleans. In June of 1987, the Department informed Ms. P that it planned to proceed with the process of termination of her parental rights. The petition for termination was filed in December, 1987. After trial, the court granted judgment in favor of the State, terminating all parental rights of Ms. P (then Mrs. E) relative to M.P. and B.P. Mrs. E. appeals.

In his reasons for judgment, the trial court stated that the State had proven by clear and convincing evidence all of the elements of LSA-R.S. 13:1601(B) and, additionally, pursuant to LSA-R.S. 13:1602(D) that the State proved that the best interest of the children dictated termination of parental rights:

"... because the mother continues to be emotionally ill and unable to provide an adequate permanent home for her children, she has shown no significant substantial indication of reformation since her children were removed from her custody and found in need of care due to physical neglect over two years ago, and she is unlikely to reform in the forseeable [sic] future to the point where she would be able to care for the childrens' needs. Both children, who are of pre-school age, have bonded with their foster parents with whom they have lived for over two years, and the foster parents express a sincere desire to adopt the children and are extremely capable of fulfilling the needs of the children. After an in-depth interview with both children in chambers, the Court finds the children are highly amenable to adoption and that their best interests dictate termination of parental rights to free them for adoption and stabilize their lives so they may begin their first years of school in a permanent home which adequately provides the emotional, physical and financial support they require."

LSA-R.S. 13:1601(B) provides:

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 Subsections A, B, C, D, E, or F, of this Section. The district attorney may appoint any attorney representing the Department of Health and Human Resources 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.

LSA-R.S. 13:1602(D) provides:

The district attorney or the appointed attorney for the child must prove that the child has been abused or neglected or the other elements enumerated in R.S. 13:1601 exist, and that the best interest of the child dictates termination of parental rights.

Pertinent to the present case also is LSA-R.S. 13:1600(6)(c) in which a definition of "unfit" refers to a parent:

*1114 (c) Whose medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, or chemical dependency makes the parent unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.

At trial, Mrs. E testified that she had married Mr. P in 1980, living with him for approximately one year. She began living with another man, who became the father of M.P. Afterward, she left him and began living with another man, when B.P. was conceived; however, the father of B.P. was still another man (not the one with whom she was then living). After these relationships failed, she lived with several other people, including other men, until she moved in with Mr. E in May, 1986. Mr. and Mr. E were married in July of 1987.

For his part, Mr. E's marriage to Mrs. E was his fifth. He had three natural children, and six other stepchildren. He was steadily employed as a truck driver, making three to four hundred dollars per week. At least one of his other stepchildren was in the custody of DHHR for some (indeterminate) period of time. Mr. and Mrs. E met while Mr. E was still married to, and living with, his fourth wife (Mrs. E, then Ms. P, moved in with the couple). By the time of the hearing, Mr. and Mrs. E had been together for two years. They had lived at their present address for one year.

Mrs. E began employment at a McDonald's restaurant two or three weeks prior to the trial. Prior to her job at McDonald's, her employment history was sporadic: she was employed at a Pizza Hut from 1980-1982; after the birth of M.P., she began to receive welfare and food stamp benefits until September of 1985, when the children were taken into custody. From then until February, 1986, she was unemployed and had no income, living with "friends." In February, 1986, she began a one month stint at an Omelet House restaurant. Next, she worked at a cleaning store for several weeks, then at a "Po' Folks" restaurant for approximately ten months, through September of 1987. She was unemployed between September, 1987, and February, 1988, when she began her job at McDonald's. Between jobs, she moved several times, until she moved with Mr. E to their present address.

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Bluebook (online)
538 So. 2d 1112, 1989 WL 14522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-mp-lactapp-1989.