State in the Interest of A.L.D.

CourtLouisiana Court of Appeal
DecidedNovember 4, 2009
DocketJAC-0009-0820
StatusUnknown

This text of State in the Interest of A.L.D. (State in the Interest of A.L.D.) 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 the Interest of A.L.D., (La. Ct. App. 2009).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

09-0820-JAC

STATE OF LOUISIANA IN THE INTEREST OF A.L.D.

************

APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. J-1643-2007, DIV. B HONORABLE JOHN C. FORD, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and J. David Painter, Judges.

REVERSED AND REMANDED.

Tony C. Tillman Attorney at Law P. O. Drawer 648 Leesville, LA 71496-0648 (337) 239-7983 COUNSEL FOR DEFENDANT/APPELLANT: C.T.D.

Robert J. Elliott State of Louisiana Department Of Social Services P. O. Box 832 Alexandria, LA 71309-0832 (318) 487-5218 COUNSEL FOR PLAINTIFF/APPELLEE: Louisiana Department of Social Services PETERS, J.

C.T.D. appeals a judgment rendered in favor of the State of Louisiana through

the Department of Social Services, Office of Community Services (referred to as “the

state” or “OCS”) terminating her parental rights to her minor child, A.L.D.1 For the

following reasons, we reverse the trial court judgment and remand the matter to the

trial court for further proceedings.

DISCUSSION OF THE RECORD

A.L.D. was born on September 24, 2006, of an extra-marital relationship

between C.T.D., her mother, and B.J.D., her father.2 She first came to the attention

of OCS on January 5, 2007, when OCS received a report of neglect stating that while

A.L.D. was in Beauregard Hospital due to an upper respiratory infection C.T.D. failed

to show her child any concern or affection. Specifically, the report asserted that,

during the hospitalization, C.D.T. did not hold A.L.D., did not bathe herself or

A.L.D., and seemed unconcerned about A.L.D. Nineteen days later, on January 24,

2007, OCS received an additional report on A.L.D.’s care, that of inadequate shelter.

OCS acted on this report and sought a temporary custody order from the trial court

the next day. The trial court granted the temporary custody order the same day,

January 25, 2007, and, after a January 30, 2007 hearing, granted OCS continued

custody of A.L.D. The trial court signed a judgment to this effect on February 1,

2007.

1 The initials of the children and their parents are used to protect the identity of the minor children. Uniform Rules—Courts of Appeal, Rules 5-1, 5-2. 2 The trial court judgment also terminated B.J.D.’s parental rights. However, he has not appealed that judgment. Thus, the only issue before us is the correctness of the judgment terminating the parental rights of C.T.D. On February 22, 2007, C.T.D. and the OCS representatives entered into a case

plan, which stated as its principal goal A.L.D.’s reunification with her parents, with

adoption as a possible second choice. To meet the reunification goals C.T.D. agreed

to take various actions, including participating in psychological evaluation or

assessment; participating in parenting classes; maintaining a safe and clean home,

including washing the dishes after every meal, sweeping the floors daily, and doing

laundry weekly; housebreaking all animals kept inside; practicing proper personal

hygiene; and contributing financially for her children “through Support Enforcement

if she’s assessed an amount.” On April 27, 2007, the trial court adjudicated A.L.D.

as a child in need of care and continued her custody in the state.

On June 11, 2007, OCS completed a case plan assessment which noted that

C.T.D. had participated in a psychological evaluation, had attended parenting classes,

had visited with A.L.D. according to the visitation contract, and had allowed the

worker in her home for unscheduled visits. However, it also recorded that C.T.D. had

moved twice and had “not maintained adequate housing, feces on floor, dog hair on

furniture, flies in home.” The assessment reiterated the requirement that C.T.D.

would contribute financially for her child “through Support Enforcement if she’s

assessed an amount.” It also noted that reunification with the parents remained the

plan’s goal, with adoption remaining the second choice. Of significance to this

litigation is that the assessment also noted that the foster parents had already

committed to adopt A.L.D.

On November 11, 2007, OCS filed a petition to terminate C.T.D.’s parental

rights. Consistent with this filing, the December 10, 2007 case plan assessment

changed the goal to adoption. This assessment noted that C.T.D. had not maintained

2 adequate housing, that she had moved four times,3 that she did not allow a worker in

her home for the October visit, and that she did not complete the in-home parenting

with Volunteers of America because she did not have a home of her own. Despite the

fact that OCS had started the process to terminate her rights, this most recent

assessment continued to require that C.T.D. contribute financially for her child

“through Support Enforcement if she’s assessed an amount.” Additionally, it required

that C.T.D. “[c]ontribute for her children financially by providing toys and other

necessities for [A.L.D.].”4

On August 26, 2008, C.T.D. and L.D. completed a twelve-week Systematic

Teaching for Effective Parenting (STEP) program sponsored by the Volunteers of

America. In September of 2008, C.T.D. married L.D.5 The trial on the termination

issue occurred on February 11, 2009. At the February 11 trial, the state called five

witnesses: Dr. Thomas E. Griffin, III; Beth Bratcher; Shanda Hendersen; Dr. David

Atkins; and Sandra Melvin.

Dr. Griffin, a pediatric physician who has treated A.D.L. since her birth,

testified that A.L.D. has a significant health problem in the form of asthma. He

suggested that A.L.D. is highly susceptible to asthma flare-ups in a dirty and unkept

home, particularly one with pets and inhabitants who smoke. In fact, he suggested

that her asthma condition is so serious that even with perfect care she will have

problems. A.L.D. had her first asthma flare-up when she was three months old; has

3 It is unclear whether this number of moves includes the two recorded in the June 11 assessment. 4 Although the record contains references to subsequent case plan assessments prepared on June 9, 2008, and November 10, 2008, the December 10, 2007 case plan assessment is the last one filed in the record before us. 5 L.D. is B.J.D.’s uncle.

3 had two or three flare-ups a year while in foster care; and, according to Dr. Griffin,

each asthma flare-up “can be life threatening and it does present a threat to her life.”

Ms. Bratcher is the program manager who oversees parenting classes at

Volunteers of America. She testified that C.T.D. attended classes from February 13

through May 1, 2007, and completed the STEP parenting classes. For a year

thereafter, beginning in June of 2007, Ms. Bratcher visited C.T.D. and B.J.D.6 in their

home in an effort to work with C.T.D. on improving her parenting skills. During that

period of time, she found the house generally in really bad condition. However, when

she reinstated her visits beginning in October of 2008, she found that the situation

had changed.7 She found the house generally clean, with the dishes washed and

nothing scattered on the floor. Still, she did find some remaining safety hazards:

there were no covers on the electrical outlets and no safety locks on the lower kitchen

cabinets. Ms. Bratcher was of the opinion that the home was not safe enough to leave

a child alone for fifteen minutes.

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