State of Louisiana in the Interest of H.R., B.R., B.S.

CourtLouisiana Court of Appeal
DecidedJune 3, 2015
DocketJAC-0015-0136
StatusUnknown

This text of State of Louisiana in the Interest of H.R., B.R., B.S. (State of Louisiana in the Interest of H.R., B.R., B.S.) 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 of Louisiana in the Interest of H.R., B.R., B.S., (La. Ct. App. 2015).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

15-136

STATE IN THE INTEREST OF H. R., B. R., B. S.

**********

APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. J-6910 HONORABLE JOHN LARRY VIDRINE, DISTRICT JUDGE

JOHN E. CONERY JUDGE

Court composed of Jimmie C. Peters, John E. Conery, and David Kent Savoie, Judges.

AFFIRMED.

L. R. (father) Pointe Coupee Parish Prison Post Office Box 248 New Roads, Louisiana 70760 PRO-SE APPELLANT L. Antoinette Beard 825 Kaliste Saloom Road Brandywine 3, Room 150 Lafayette, Louisiana 70508 (337) 262-1555 COUNSEL FOR APPELLEE: State of Louisiana, Department of Children & Family Services

Trent Brignac District Attorney Julhelene E. Jackson Assistant District Attorney 13th Judicial District Post Office Drawer 780 Ville Platte, Louisiana 70586 (337) 363-3438 COUNSEL FOR APPELLEE: State of Louisiana

Mahogany Watkins Acadiana Legal Services Corporation 620 Murray Street Alexandria, Louisiana 71301 (318) 442-6240 COUNSEL FOR APPELLEES: H. R. (child) B. R. (child) B. S. (child) CONERY, Judge.

The State of Louisiana, Department of Children and Family Services (State)

filed a motion for termination of parental rights approximately two and one half

years before a final hearing. The trial court terminated the parental rights of the

mother J.S. and the father L.R, with respect to their minor daughters H.R., B.R.,

and B.S. 1 Only the father, L.R., appeals the trial court’s denial of a further

continuance of the termination proceedings and the October 14, 2014 judgment

terminating his parental rights.2 For the following reasons, we affirm.

FACTS AND PROCDURAL HISTORY

On October 1, 2010, by virtue of a written instanter order, the three minors,

H.R. (born December 5, 2002), B.R. (born February 1, 2005), and B.S. (born

February 1, 2006), came into the custody of the Louisiana Department of Children

and Family Services (formerly the Department of Social Services). The October 1,

2010 order was based on allegations that, J.S., the mother, was in treatment for

drug addiction and L.R., the unmarried father, was in treatment for a gambling

addiction. Consequently, the State claimed that there was no one, including J.S’s

parents, available to care for the three minors. J.S. had requested that the State

take custody of the three children. At a hearing on October 4, 2010, the trial court

signed an order of continued custody, which provided that the children were to

remain in the custody of the State.

1 Pursuant to Uniform Rules–Courts of Appeal, Rules 5-1 and 5-2, the initials of the parties will be used to protect and maintain the privacy of the minor children involved in the proceeding. 2 The trial court’s judgment signed October 14, 2014 terminated the parental rights of both L.R. and J.S. However, J.S. did not appeal, thus, the termination of her parental rights is not presently before this court. A petition was filed on October 18, 2010 alleging that the children should be

adjudicated “Children In Need of Care.” On November 10, 2010, an adjudication

and disposition hearing was conducted. The trial court found that the three minors

were “Children in Need of Care,” adjudicated them as such, and placed custody of

the children with the State. A case plan dated October 29, 2010, was also made

part of the record of the proceedings.

At the first review hearing on April 15, 2011, the permanent plan ordered by

the trial court was reunification of the parents with their children. As of the April

15, 2011 review hearing, J.S. was in partial compliance with her case plan, and L.R.

was deemed uncooperative, having failed to provide an accurate address. The case

review hearing order stated, “L.R. does not accept responsibility for the children

entering into the state’s custody.” The parents were ordered to comply with the

case plan dated October 29, 2010, with reunification of the family as the permanent

plan. The trial court scheduled the next review hearing for October 31, 2011.

However, prior to the scheduled October hearing, allegations of sexual abuse

of the three minors by both J.S. and L.R. were validated. On October 21, 2011,

both parents were appointed legal representation, and for all subsequent legal

proceedings, each had been represented by separate legal counsel. At the review

hearing held on October 31, 2011, the record reflects that, as of that date, L.R. had

not completed any components of his case plan. Likewise, J.S. had “done very

little on her case plan.” After the hearing on October 31, 2011, the permanent plan

ordered by the trial court was changed to adoption. Both parents were ordered by

the trial court to comply with the case plan dated October 20, 2011.

In the permanency and case review hearings held from October 31, 2011

forward, including April 24, 2012, October 24, 2012, May 13, 2013, and October

2 29, 2013, the trial court continued to order adoption as the permanent case plan for

the three minors. From October 1, 2010 to date, H.R., B.R., and B.S. have

remained together in their initial placement in a foster home and in the custody of

the State. The trial court maintained this custody plan on its docket from its

inception in October 2010.

On March 5, 2012, the State filed a formal “Petition for Termination of

Parental Rights and Certificate of Adoption” (State’s Petition) seeking to terminate

the parental rights of both J.S. and L.R. to clear the way for the foster parents to

adopt the three minors. Trial on the petition was originally scheduled for May 4,

2012. However, at the trial on the State’s Petition held on October 24, 2012, the

trial court expressed its reluctance to proceed on the termination of L.R.’s rights

until resolution of the criminal proceedings pending against him in Point Coupee

Parish.

The State’s Petition was rescheduled an additional four times to

accommodate L.R.’s criminal proceedings, November 30, 2012, March 5, 2013,

July 19, 2013, and September 25, 2013. The additional continuances of the trial on

the State’s Petition set for April 9, 2014, June 25, 2014, and August 6, 2014, were

due to the absence of a parent and or counsel. The State’s Petition was finally set,

noticed, and heard by the trial court on October 8, 2014.

At the conclusion of the case review hearing on October 8, 2014, the trial

court denied L.R.’s motion for another continuance of the trial on the termination

of his parental rights for reasons stated on the record. The State’s Petition against

both J.S. and L.R then proceeded. The trial court, for reasons stated on the record

in open court, terminated the parental rights of J.S. and L.R. to their minor

daughters H.R., B.R., and B.S. The trial court based its decision on two of the

3 three of the State’s alleged grounds for termination of J.S. and L.R.’s parental

rights, La.Ch.Code arts. 1015 (4)(b) and 1015(5).3

Louisiana Children’s Code Article 1015(4)(b) provides:

The grounds for termination of parental rights are:

(4) Abandonment of the child by placing him in the physical custody of a nonparent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:

(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child’s care and support for any period of six consecutive months.

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