State of Louisiana in the Interest of C.F.

235 So. 3d 1066
CourtSupreme Court of Louisiana
DecidedDecember 6, 2017
Docket2017-CJ-1054
StatusPublished
Cited by22 cases

This text of 235 So. 3d 1066 (State of Louisiana in the Interest of C.F.) 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 of Louisiana in the Interest of C.F., 235 So. 3d 1066 (La. 2017).

Opinions

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF ST. JOHN

GUIDRY, Justice

| TThis is a proceeding to terminate parental rights involuntarily. The district court found clear and convincing evidence that supported at least one ground, for termination of parental rights, but it nevertheless concluded termination was not in the best interest of the child. For the reasons set forth below, we find the, district court was clearly wrong in finding that termination of the father’s parental rights was not in the best interest of the child. Accordingly, we reverse the judgment of the district court and render judgment terminating the rights of the father and allowing the child to be adopted.

FACTS AND PROCEDURAL HISTORY

The minor child, C.F., was born on December 22, .2006, to E.F., her mother, and C.F., Jr., her father. The mother died of natural causes on December 30, 2013. On June 9, 2014, the Department of Children and Family Services (hereinafter “DCFS”), received a report expressing concern for the child’s welfare, who was living with the father in the child’s paternal grandfather’s home in Kenner. Upon investigation, DCFS learned that C.F.’s mother was deceased and that C.F.’s father had a lengthy history of substance abuse and was reported to be passed out after smoking crack cocaine in the home while the minor child was in his care. On June 20, 2014, DCFS interviewed the father and reported that his behavior was ^disoriented and his speech slurred. DCFS reported that, during the interview, the father admitted to smoking crack cocaine ten days earlier while the minor child was asleep in the home. The .father thereafter made arrangements for C.F. to stay with his sister. For the following, six days, DCFS made several attempts to contact the father to transport him for random urine drug screenings and to refer him for substance abuse treatment. In light of the father’s alleged lengthy history of substance abuse and failure to cooperate with DCFS, the trial court granted an oral instanter order directing DCFS to take C.F. into its immédiate .custody.

On August 12, 2014, the, trial court adjudicated C.F. as a child in need of paré. The initial case plan goal for permanent placement for C.F. was reunification with a. concurrent goal of adoption. The father’s case plan required him to find and maintain. stable housing for a period of six months; contribute $25.00 .per month for C.F.’s care and support; participate in and complete agency-approved substance abuse classes; participate in mental health evaluations and therapy appointments; complete random drug screenings; participate in all court hearings and scheduled Family Team Conferences (“FTCs”); visit with C.F. as scheduled and provide nutritious snacks and age-appropiriate toys; and complete agency-approved parenting classes. ■

On September 10, 2015, DCFS filed a petition to terminate the father’s parental rights to C.F. specifying two grounds for termination: (1) abandonment pursuant to La. Ch. Code art. 1015(4),1 and (2) failure to comply with the case plan | ..¡pursuant to La. Ch. Code art. 1015(5),2 With regard to abandonment, DCFS alleged the father abandoned his daughter by failing to provide any significant contributions to C.F.’s care and support for a period of six months. With regard to the ground of failing to comply with the case plan, DCFS alleged the following particulars to support •termination of the father’s parental rights:

1) The father has failed to consistently attend court-approved scheduled visitations and communicate with the child;
2) He has not maintained a safe, sta- ’ ble home;
3) He has failed to keep the department apprised of his whereabouts and significant changes affecting his ability to comply with the case plan for services;
4) He has repeatedly failed to comply with the required program of treatment and rehabilitation services;
5) He lacks substantial improvement in redressing the problems preventing reunification;
6) Although the father attended a substance abuse treatment program he continues to have positive test results when screened for drugs; and
7) The conditions that led to the removal or similar potentially harmful conditions persist.

On September 29, 2016, the matter proceeded to trial on DCFS’s petition to terminate parental rights. At trial, Kyra Johnson, a child welfare specialist with DCFS, testified that she is the case tvorker assigned to C.F.’s case. She testified C.F. came into state custody on June 26, 2014, and had been placed in a certified foster home. She testified C.F. was previously placed into state custody in 2007, when her father admitted to using crack cocaine in C.F.’s presence and her mother, E.F., was discovered passed out in the home. Within the initial six-month period in the 2007 Lease, C.F. was returned to her parents’ custody, though the circumstances surrounding the child’s return are not contained in the instant record.

As to the father’s contributions to the care and support of C.F., Ms. Johnson testified that, at the time of trial, the father had made no payments in accordance with his case plan for' C.F.’s support. Instead, the father had provided some snacks during his visits with the child and had provided her with a cell phone.

With regard to compliance with the case plan, Ms. Johnson testified the father received a certificate of completion for the ordered parenting classes and weekly mental health sessions, which included comprehensive evaluations and one-on-one therapy sessions. Ms. Johnson testified the father had completed the required substance abuse program. However, as to satisfying his drug screens, there were some missed screenings, which resulted in automatic positive results pursuant to DCFS procedures, and some positive test results for opiates. Even though the father was warned that a missed drug screen would be deemed a positive outcome, he missed several drug screens prior to December 2015. Ms. Johnson testified the father also tested positive for opiates, but he had indicated to her he had been prescribed pain medication, and on one occasion he did provide proof of such. Ms. Johnson testified the father never tested positive for crack cocaine.

As to the missed screenings and positive test results, Ms. Johnson testified that, after the filing of the September 2015 petition to terminate, the father did not appear for his December 15, 2015 review hearing. At that hearing, the case plan goal was amended to adoption. The father missed his January and February- 2016 drug screens. Ms. Johnson testified she observed a noticeable difference in the father’s behavior in December 2015, and the beginning of 2016, believing he may have been still grieving the loss of his wife. After the filing of the petition to terminate, the father indicated to Ms. Johnson that he would surrender his rights to' C.F. He told [(¡her he felt everyone was “turning back on him” and no one was actually trying to help him get his daughter back. The father did appear for the remainder of the monthly drug screens in 2016, up to the date of trial in September 2016.

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Bluebook (online)
235 So. 3d 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-in-the-interest-of-cf-la-2017.