State

874 So. 2d 312
CourtLouisiana Court of Appeal
DecidedMay 5, 2004
DocketNos. 38,679-JAC, 38,680-JAC
StatusPublished

This text of 874 So. 2d 312 (State) 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, 874 So. 2d 312 (La. Ct. App. 2004).

Opinion

J^MOORE, J.

Mr. and Ms. M appeal a judgment terminating their parental rights as to Ms. M’s four daughters. For the reasons expressed, we affirm.

Factual and Procedural Background

In April 2001, the Office of Community Services (“OCS”) in DeSoto Parish received a report of neglect involving Ms. M’s three girls, LBW (age three), LOM (age two) and LFM (age nine months). Mr. M is the biological father of LFM and the legal father of LOM. Paternity of the oldest girl, LBW, is not known.

According to the OCS affidavit, dated April 11, the family was living in a house on Hwy. 789 near Keatchie which was unsuitable for children: there were naked wires, clutter, holes in the floor, a makeshift door, garbage and dirty dishes piled up; all in all, it looked “as if it were hit by a storm.” Prior to the OCS’s visit, the family goat had come in the house, got in bed and defecated; one of the girls crawled on the bed, sat in the droppings and began eating crackers. The affidavit also stated that in 2000, the OCS had declared this house unacceptable, helped move the family to an apartment in Mansfield, and given financial assistance and counseling; however, the family returned to the Keatchie house in March 2001. The OCS obtained an instanter order removing the three children and filed this petition to have them declared in need of care.

The district court found the children in need of care by judgment of adjudication in June 2001. OCS developed a ease plan that required Mr. and Ms. M to complete parenting classes and anger management, undergo psychological evaluations, follow a visitation schedule, submit to random 12drug screens, keep the home clean and free of hazards, financially support the children, and demonstrate knowledge of parenting. They attended the classes between November 2001 and February 2002; both “passed” the oral exams. Both maintained the visitation schedule. Dr. Lonow-[314]*314ski, a clinical psychologist, found Mr. M to be mildly mentally retarded and essentially illiterate; he disclosed to the doctor a history of being physically abused by his mother. Ms. M also disclosed severe mistreatment as a child, yet she was not as mentally deficient as her husband. Still, she had paranoid sensitivity, limited ability to accept feedback, and rigid views of parenting. Dr. Lonowski thought both parents might benefit from counseling.

Ms. M gave birth to her fourth daughter, CCM, in September 2001.

On the strength of Mr. and Ms. M’s compliance with the case plan, OCS returned the three older girls on April 15, 2002. Betty Morton, the OCS case manager, visited about three times a week to keep tabs on .the children, noticing that as time went on the house was less clean and Ms. M seemed “increasingly overwhelmed.” Nicole Spring, an RN for National Home Care Service, visited the house almost every day to check on LFM, the third child, who was under observation for failure to thrive. She took a dimmer view of the situation: the girls were almost always dirty, dressed in adult T-shirts, and acting inappropriately for them ages. In particular, the girls were always barefoot, their feet caked with dirt. Over Ms. M’s strong objection, Nurse Spring bathed the children. Both Ms. Morton and Nurse Spring testified that they seldom saw Mr. M at the house; part of Ms. M’s problem was that he never helped out.

lain addition to OCS and National Home Care, a Volunteers of America (“VOA”) case worker spent four to eight hours a week at the house, rendering what it .considered to be “maximum service.” Both case workers had left VOA by the time of trial, so their supervisor, Karen Rice, gave a summary of their reports.

When the VOA case worker left on the afternoon of May 30, 2002, all four girls appeared fine. However, when Nurse Spring arrived the next morning, she found LFM covered with bruises. Ms. M tried to explain the girls had been tussling and scratching each other, but Nurse Spring thought the bruising was too severe to have been caused by other children. Mrs. Morton agreed and they carried LFM to the hospital. Dr. Lifshutz examined her and confirmed the injuries were too extensive to be accidental. Nurse Spring testified that someone must have pinched LFM’s nose very hard, probably in an effort to make her eat. Ms. M then admitted to Mary Bagley, an investigator, that she had left the children with Mr. M’s mother-something that was expressly forbidden because that woman had seriously abused Mr. M as a child.

Because of LFM’s injuries, Ms. M’s refusal to keep the children away from Mr. M’s mother, and the deteriorating condition of the house, Mrs, Morton removed all four girls from Mr. and Ms. M on May 31, 2002. OCS filed a petition to have CCM, the youngest child, declared in need of care in June 2002; judgment to that effect was rendered on October 3, .2002.

Dr. Lonowski, the psychologist, conducted further examinations of the parents. Mr. M’s condition had deteriorated in the preceding months; he |4was less oriented and had memory problems; he honestly thought Mrs. Morton had instructed him to leave the girls with his mother, when in fact the opposite was true. Ms. M, though not as depressed as before, was narcissistic and engaged in “simplistic denial”: she simply denied the OCS’s findings. Dr. Lonowski felt .that further intervention would not help her.

At the next case review and permanency hearing, in November 2002, the court again found the three older girls in need of care. However, OCS sent LBW, the old[315]*315est girl, for psychological evaluations. In January 2003, LBW told family counselor Lisa Chilvers that Ms. M had held LFM’s head underwater in the bathtub. LBW also related that Ms. M had come into her bedroom, put her hands in LBW’s panties, and “played with me a long time.” LBW graphically acted out the episode, convincing Ms. Chilvers that sexual abuse had occurred. LBW also said she had seen her mother lying on the floor and putting something up her vagina, as Mr. M looked on.

At some point, Ms. M admitted to Mrs. Morton that Mr. M “would go out and find other men for her.” Ms. M disputed this, however, testifying that on one occasion, Mr. M brought his nephew over and she had sex with him. She nevertheless admitted that LBW’s father might be Mr. M’s younger brother, and that LOM’s father might be her own stepfather.

At the April 2003 case review, OCS announced that the goal was now adoption, and that the girls had been placed with a foster family in Caddo Parish. In August, it filed a petition to terminate parental rights with respect to all four children. It alleged that termination was warranted under La. Ch. C. art. 1015(5).

| BThe case was tried in November 2003; the witnesses testified as noted above. Ms. M’s sister and Mr. M’s brother testified that when they visited the house, they never saw any inappropriate behavior toward the children.

Ms. M testified that she attended all the required classes, wants her girls back and thinks she can handle them. She agreed to cooperate with OCS, but was “not liking it.” She had no idea how LFM got covered with bruises in May 2002. She insisted that the reports of holding LOM’s head underwater and having sex in front of LBW were “fabrications.” She also warned, “People [need to] stay out of my business and not tell me how to raise my children and take care of my kids.”

Mr. M testified that the parenting classes taught him to be more patient with kids.

The district court found that OCS had complied with the Safe Family Act, 42 U.S.C.

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874 So. 2d 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-lactapp-2004.