State of Louisiana in the Interest of H.R., L.A., J.A., R.A., and E.A.

Louisiana Court of Appeal·Decided February 25, 2022·No. 2021CJ1328·Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2021 CJ 1328

STATE OF LOUISIANA, IN THE INTEREST OF H.R., L.A., J. A., R.A., E. A.

Judgment Rendered: FEB 2 5 2022

Appealed from the 22nd Judicial District Court Parish of St. Tammany, State of Louisiana No. JC 0285 2019

The Honorable Scott Gardner, Judge Presiding

Jane Hogan Attorney for Appellant, Hammond, Louisiana R.A.

Betsy Humphries Smith Attorney for Appellees, Mandeville, Louisiana H.R., L.A., J. A., R.A., and E.A.

Kimberly E. DeBrock Attorney for Appellee, Covington, Louisiana State of Louisiana, Department of Children and Family Services

BEFORE: McDONALD, LANIER, AND WOLFE, JJ. WOLFE, J.,

The mother of five minor children appeals the trial court' s judgment that

terminated her parental rights, as well as the parental rights of the children' s fathers,

and freed the children for adoption. We affirm.

FACTS

On October 25, 2019, H.R. ( born April 11, 2008), L.A. (born July 15, 20 10)

J. A. (born August 1, 2013) and twins, R.A. and E.A. (born November 16, 2015),

were removed from the custody of their mother, R.A., and D.A. (the father of L.A.,

J. A., R.A., and E. A.), and placed in state custody by instanter order. The Department

of Children and Family Services ( DCFS) had received a report that R.A. and D.A.

were manufacturing and selling methamphetamine in their home, using drugs, and

facing eviction. DCFS' s investigation revealed the home in which the children were

living was unsafe due to holes in the ceiling, exposed electrical wiring, and the presence of rodents. Further, R.A. and D.A. admitted to almost daily use of

methamphetamine for the preceding two months, were unemployed, and had no

resources to assist with gas, food, or housing. R.R., the father of H.R., was

reportedly living in New York, but his whereabouts were unknown. DCFS

implemented two safety plans, placing the children first with a paternal uncle and

then with the paternal grandmother; however, neither relative was able to continue

caring for the children. Continued custody, with the children placed in certified

foster homes, was confirmed based on the allegations supporting the instanter order.

On November 26, 2019, the District Attorney' s office filed a child in need of

care ( CINC) petition for the five children. In addition to setting forth the grounds

that supported the instanter order, the petition alleged that R.R. had not provided

support or visited with H.R. since H.R. was seven months old.' DCFS' s report

1 DCFS was unable to locate R.R. after a clear search. A curator was appointed to represent R.R. in these proceedings.

2 indicated that R.A. and D.A. were seeking inpatient substance abuse treatment. At

the adjudication hearing, the parents, through their appointed counsel, stipulated the

children were children in need of care, without admitting to the allegations of the

petition, and the children were adjudicated children in need of care. The trial court

ordered that the children remain in state custody, in their foster home placements,

and approved DCFS' s case plan with the goal of reunification.

To achieve the goal of reunification, the case plan required the parents to

obtain and maintain safe and stable drug-free housing that met the children' s basic

needs; allow DCFS to assess the home for safety, including criminal background

checks on persons 18 years of age or older living or frequently staying overnight in

the home; maintain contact with DCFS; complete the substance abuse treatment

program recommended by DCFS and follow all recommendations; remain drug free

and submit to random drug screens as directed by DCFS; maintain legal income and

submit verifiable proof of such on a monthly basis; complete a mental health

assessment and follow all recommendations; keep DCFS informed of the family' s

needs; and enroll in and complete the domestic violence program " Truth 180."

Further, the parents were required to attend meetings, visits with the children, and

court hearings; complete parenting classes; demonstrate positive parenting on visits;

and pay support for the children in the amount of $25. 00 per child (totaling $ 125. 00

per month for R.A.), beginning in November 2019, with payments remitted to

DCFS.

On April 22, 2020, the trial court held a six-month review hearing, where the

parents again stipulated that the children remain in state custody without admitting

to the allegations against them. DCFS reported on the parents' compliance with case

plan requirements, noting that after completing a 28 -day drug treatment program,

R.A. continued to have negative drug screens; however, D.A. repeatedly tested

positive for cocaine, methamphetamine, and amphetamine. D.A. had also been

3 arrested for drug court sanction. DCFS reported that R.A. had been employed since

January 2020, but had not made monthly financial contributions toward the

children' s care. R.A. and D.A. had attended " most" family visits since completing

inpatient treatment, though it was noted D.A. appeared to be impaired on several of

them. The trial court approved the updated case plan and retained the goal of

reunification, but prohibited contact between the children and their fathers until the

fathers provided DCFS with evidence of sobriety.

Prior to the scheduled twelve-month review hearing, R.A. obtained a

protective order against D.A., and the couple separated. At a special review hearing

conducted the next month, the case worker testified that R.A. had a new boyfriend

who lived in the same home where R.A. was renting a room. The case worker stated

R.A. questioned whether her boyfriend needed to work the case plan and was advised

that he would need to complete a criminal background check. R.A. related that her

boyfriend had a criminal past and expressed some concern about the charge;

however, the case worker was unsure of its specific nature. The case worker further

related that it was unclear whether R.A. intended to continue the relationship. At

the conclusion of the hearing, the trial court ordered that the children remain in state

custody and maintained the existing case plan with the goal of reunification.

In advance of the twelve- month review hearing, DCFS recommended that it

was in the best interest of the children to change the case plan goal to adoption.

DCFS reported that neither D.A. nor R.R. had complied with the case plan. DCFS

reported that R.A. was compliant with some but not all requirements of the case plan.

In particular, R.A. had not completed her drug treatment program, completed

parenting intervention, attended all court hearings and meetings, or reported current

employment. Further, it was reported that R.A. had not made monthly financial

contributions toward the care of the children, though it was noted that she received

4,900.00 in stimulus funds that she used to purchase a car despite not having a valid

4 driver' s license. With regard to housing, it was reported that R.A. was renting a

three- bedroom trailer in Denham Springs for $ 800. 00 per month, where her

boyfriend, B.G., and his children also lived. It was noted that B.G. was a sex

offender who registered as living at R.A.' s address.

At the twelve- month review hearing, the DCFS case manager testified that

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