State, in Interest of Sm

719 So. 2d 445, 1998 La. LEXIS 3038, 1998 WL 751395
CourtSupreme Court of Louisiana
DecidedOctober 20, 1998
Docket98-CJ-0922
StatusPublished
Cited by117 cases

This text of 719 So. 2d 445 (State, in Interest of Sm) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana 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 Sm, 719 So. 2d 445, 1998 La. LEXIS 3038, 1998 WL 751395 (La. 1998).

Opinion

719 So.2d 445 (1998)

STATE of Louisiana in the Interest of S.M., et al.

No. 98-CJ-0922.

Supreme Court of Louisiana.

October 20, 1998.

*446 Anne Derbes Keller, Adams & Johnson, New Orleans, for Applicant.

Clarence L. Richardson, Jr., F. Clayton Latimer, New Orleans, for Respondent.

KNOLL, Justice.[*]

This writ concerns a juvenile court proceeding. At issue before us is whether the juvenile court should have rejected the plan for reunification of three minor children with their mother and commenced involuntary termination of parental rights. Pivotal to this inquiry is our determination of whether the juvenile court correctly concluded that the State proved that the mother has shown a reasonable expectation of her reformation exists in the foreseeable future sufficient to justify family reunification. The three minor children objected[2] to this ruling and urged that in view of the law and evidence, involuntary termination of the mother's parental rights should commence so the children can be adopted. The Court of Appeal, Fourth Circuit, finding that the State presented sufficient evidence of the mother's reformation, affirmed the juvenile court's judgment that the Permanency Placement Plan for the three minor children is reunification with their mother. State of Louisiana In the Interest of S. M., 97-CA-1896 (La.App. 4 Cir. 3/4/98), 709 So.2d 927. We granted this writ application on behalf of the three minor children to review the correctness vel non of the lower courts and to expound upon our earlier statements in State in Interest of L.L.Z. v. M.Y.S., 620 So.2d 1309 (La.1993). State in the Interest of S. M., 98-CJ-0922 (La.5/15/98), 719 So.2d 59. For the following reasons, we reverse, finding that there was not sufficient evidence to support the recommendation for the Permanency Placement Plan, and remand this matter to the juvenile court for an expedited hearing.

FACTS AND PROCEDURAL DISPOSITION

Between her 16th and 18th birthdays, N.M. gave birth to three children: K.M., a boy, on July 16, 1991; S.M., another boy, on November 2, 1992; and J.M., a girl, on June 13, 1994.[3] After K.M.'s birth, he lived with *447 Rosa Dunn, his great grandmother, and after S.M.'s birth, he lived with Edna Dunn, the mother of Lonjay Earlycutt, the man with whom N.M. lived during her pregnancy and who believed he was S.M.'s father. N.M. has never lived in a home of her own. She mainly lived in an apartment provided by others.

After N.M. was pregnant with J.M., she began living with James Johnson who was approximately twenty-four years of age. During this same period of time, N.M., for the first time, brought her two sons, K.M. and S.M., to live with her. On January 10, 1996, Johnson beat S.M., the middle child who was three years old, so badly that N.M. called 911 because S.M. was not breathing; the beating occurred, in part, while N.M. was not at home and continued after she returned home. When the police arrived at the scene, they found S.M. unconscious and not breathing, with bruises and welts about his body, and two black eyes. Although the police officers thought that S.M. was DOA, they transported him to the nearest medical facility, Medical Center of Louisiana, where he was revived. Upon medical examination, it was determined that S.M. had multiple scalp bruises, a right temporal contusion, periorbital swelling, an old trauma on his chest with generalized bruising, old abdominal scars, bruised lower extremities with old burns, burns on the left knee and ankle, an open laceration on the right hand, an abrasion to the left axilla, an ulcer on the glans penis which had second-degree burns as well as healed burns, and multiple old scars on the back and buttocks. Orthopedic examination showed that S.M. suffered a fracture of the distal left ulna with callus formation compatible with healing which required the placement of a plaster cast, as well as a dislocation fracture of the capitulum of the humerus.

Matthew Riles, a detective assigned to the Child Abuse Section of the Emergency Services Bureau, interviewed N.M. She told Detective Riles that Johnson had been abusing S.M. since March of 1995. She said that Johnson made S.M. sleep in the bathtub almost every night because S.M. often wet the bed. She also described incidents where Johnson struck S.M. with his hands and a bowl of food and one occasion where Johnson burned S.M. with hot water. She told Detective Riles that she had not told anyone about the abuse because Johnson had threatened to "take care of her" if she told and she was afraid.

Detective Riles also questioned K.M., who, along with J.M. and N.M., had been brought to the Child Abuse Office when S.M. was hospitalized. K.M. told Detective Riles that Johnson hit him, and had put hot water on him and S.M. He further described occasions where Johnson hit S.M. with his hands and his mother's shoe, and where he had tied S.M.'s hands. A medical examination of K.M. revealed bruises on his chest and behind his right ear, as well as old scars from belt marks on his buttocks. Medical personnel also examined J.M. and found that she had a bump on her forehead.

Based upon the children's abusive injuries and the above information, N.M. and Johnson were arrested. N.M. was charged and pleaded guilty to three counts of cruelty to juveniles. She was sentenced to concurrent five year terms with the Department of Corrections on each count; the sentencing court suspended the sentence and placed N.M. on five years active probation. As a special condition of probation, the sentencing court required N.M. to serve twelve months imprisonment with the Department of Corrections, earn her graduate equivalency diploma (GED), and obtain vocational technical school training.[4] Johnson was charged with three counts of cruelty to a juvenile and the attempted second-degree murder of S.M. He pleaded guilty and was ordered to serve an *448 eight and one-half year sentence, without the benefit of probation or suspension of sentence.[5]

On January 11, 1996, an oral instanter order issued, placing N.M.'s three minor children in the protective custody of the State. At a probable cause hearing held on January 12, 1996, the Juvenile Court for the Parish of Orleans found that there were reasonable grounds to find the three children abused and neglected, and in need of care, and awarded their provisional protective custody to the State. On February 12, 1996, the District Attorney initiated proceedings to have the three minor children adjudicated children in need of care. At a hearing on May 15, 1996, it was stipulated that the three minor children, K.M., S.M., and J.M., were abused/neglected children in need of care, and an order issued placing them in protective custody. The juvenile court awarded the care, custody and control of the children to the Office of Community Services (OCS) for a period of eighteen months. S.M. was placed in the home of a foster parent; K.M. and J.M. were placed in the home of their maternal great grandmother, Rosa Dunn. On August 30, 1996, S.M. was moved from the first foster home and placed in the home of Edna and Edgar Alexis.

On November 4, 1996, after serving approximately nine months of her sentence, N.M. was released from prison and began her five year probationary period. Upon release from prison, N.M. moved in with Johnson's sister.

At a review hearing on November 14, 1996, the juvenile court noted that OCS had developed a plan goal of reunifying the three minor children with their mother.

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Bluebook (online)
719 So. 2d 445, 1998 La. LEXIS 3038, 1998 WL 751395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-sm-la-1998.