State v. DW

585 So. 2d 1222, 1991 WL 163374
CourtLouisiana Court of Appeal
DecidedAugust 21, 1991
Docket23030-JA
StatusPublished
Cited by19 cases

This text of 585 So. 2d 1222 (State v. DW) 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 v. DW, 585 So. 2d 1222, 1991 WL 163374 (La. Ct. App. 1991).

Opinion

585 So.2d 1222 (1991)

STATE of Louisiana, In the Interest of FOUR MINOR CHILDREN, Appellee,
v.
DW, Appellant.

No. 23030-JA.

Court of Appeal of Louisiana, Second Circuit.

August 21, 1991.

*1223 Richard Ducote, New Orleans, for appellant DW.

S. Andrew Shealy, Asst. Dist. Atty., Ruston, for appellee, State.

Roderick P. Gibson, Ruston, for four minor children.

Lewis A. Jones, Ruston, for appellant PW.

Before NORRIS, VICTORY and STEWART, JJ.

VICTORY, Judge.

DW, the mother of four minor children taken into protective custody under LSA-R.S. 14:403 by the state, through DHHR (now DSS), appeals a judgment terminating her parental rights and freeing her children for adoption.[1] DW contends DSS failed to prove by clear and convincing evidence she is unfit, that she showed no significant, substantial indication of reformation, that she is unlikely to reform in the future, or that termination of her parental rights is in her children's best interest. LSA-R.S. 13:1600(6) and 1601 B.

For reasons hereinafter discussed, we affirm the trial court judgment.

FACTS

DSS's initial involvement with the W family was in July, 1986, when DW reported her husband, PW, was abusing their four children, SW (DOB 11/5/79), EW (DOB 1/19/81), RW (DOB 8/25/82) and AW (DOB 6/25/85).[2] By early August, PW had left the home and moved to Mississippi. DW continued to reside in Ruston with their four minor children and was then five months pregnant with their fifth child. DSS's investigation then confirmed physical, but not sexual, abuse had occurred. Although the children were not then taken into the state's custody, DW and her children were scheduled to be evaluated by Dr. Bobby L. Stephenson, a psychologist.

On September 12, 1986, DSS received another complaint, this time against DW, alleging she had no control over and was physically abusing and neglecting her children. When subsequent investigations indicated the children had been emotionally abused, and the oldest child, SW, had been physically abused, an instanter order was issued on September 15 authorizing the DSS to take the four children into protective custody. Because of the children's different psychological, educational, emotional, and medical needs, the children were sent to four different foster care placements.

The 72-hour hearing to confirm the instanter order resulted in a finding of sufficient grounds to maintain the children in the state's custody. LSA-R.S. 14:403. Subsequent court status hearings on December 10, 1986, February 12, 1987, and August 4, 1987, and Administrative Review and Dispositional Status Conference reports dated March 31, 1988, September 19, 1988, March 31, 1989, September 29, 1989, and March 30, 1990 maintained the state's custody of the children.[3]

*1224 Over three and one-half years after the children were first adjudicated in need of care, and only after DSS's efforts first to reunite the family and later to seek placements with relatives for the children had failed, the state filed a petition on May 29, 1990 to terminate DW's and PW's parental rights and free the children for adoption. Prior to hearing, the trial court on its own motion appointed Dr. Paul D. Ware, a forensic and consultative psychiatrist, to examine DW and her four children and submit a report giving his recommendations concerning the parents and children.

At trial, the parties stipulated that the CHINs (children in need of care) adjudication requirement of § 1602 B(1) had been met. They also stipulated to the admissibility, but not the correctness, of the mental health expert reports. Additionally, various lay witnesses testified concerning DW's and the children's problems, activities, and progress.

THE TRIAL COURT'S RULING

The trial judge's opinion is both well-reasoned and detailed. Noting the conflicting lay evidence, the trial court emphasized and based its decision primarily upon the children's and mother's mental health evaluations and reports, and the expert opinions of Dr. Ware and Dr. Stephenson. Among the trial court's stated factors "mitigating" against termination include:

DW had made substantial effort in this matter and was in good faith, loved her children and had shown a lot of determination, all factors which the trial court found were "useful qualities in childrearing."
DW complied with each request the agency made and had done her best under the circumstances; and
The fifth child, JW, born after the other four children were taken into the state's custody and who remained in DW's care, was "doing at least adequately or maybe better."

In terminating DW's parental rights, however, the trial court found and emphasized the following "aggravating factors":

How the children initially came before the court (i.e., adjudicated in need of care based upon physical abuse and neglect);
The children's continuing and substantial problems involving "really complex emotional and psychological issues" which are "very difficult for lay persons, including judges, to [understand and re]solve";
The children's psychiatric and social evaluations [particularly those of the three oldest children] reflecting they were "just absolutely devastated" and "taking substantial amounts of medication" and "have substantial and severe emotional problems, which under the best of circumstances would be hard to deal with;" and
The mental health expert reports showing DW was unfit to rear the children under the circumstances, had not shown significant substantial indication of reformation and, in view of her psychological evaluations indicating she had severe emotional problems including a characterological disorder, was unlikely to and could not reform. (brackets added.)

The trial judge rendered judgment terminating the parental rights of DW and PW pursuant to LSA-R.S. 13:1600-1605. Judgment was signed to the same effect on November 29, 1990. This appeal, filed only by DW, followed.[4]

*1225 DISCUSSION

The key issue at trial was, and now on appeal is, whether the state proved by clear and convincing evidence that DW is unfit to rear her children, has shown no significant, substantial indication of reformation and is unlikely to reform, and termination of her parental rights is in the children's best interest. LSA-R.S. 13:1600—1605. LSA-R.S. 13:1601 B, the basis of the state's petition in this case, requires all of the following to be proven by clear and convincing evidence:

(1) One year has passed since the rendition of judgment adjudicating the children in need of care, and in the court's opinion, the parent is unfit to rear the children; and
(2) The parent has shown no significant substantial indication of reformation and is unlikely to reform.

LSA-R.S. 13:1601 B and 13:1603.

As previously stated, the parties stipulated one year had passed since the CHINs adjudication. Accordingly, we now review this case to determine if the state has proven the other required elements of LSA-R.S. 13:1601 B.

PARENTAL UNFITNESS

DW first contends the evidence was insufficient to prove she is unfit. Under § 1601 B(1), the state must adequately prove and the court must properly find a parent is unfit to rear the children. Unfitness is defined in § 1600(6) as follows:

(6) `Unfit' refers to a parent:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. A.M.C.
210 So. 3d 946 (Louisiana Court of Appeal, 2017)
State ex rel. A.V.
160 So. 3d 963 (Supreme Court of Louisiana, 2015)
State ex rel. E.M.M.
96 So. 3d 668 (Louisiana Court of Appeal, 2012)
State in the Interest of E.M.M.
Louisiana Court of Appeal, 2012
State ex rel. F.H. v. House
801 So. 2d 1123 (Louisiana Court of Appeal, 2001)
STATE IN INTERES OF FH v. House
801 So. 2d 1123 (Louisiana Court of Appeal, 2001)
State ex rel. C.P., K.P.P. & K.M.P.
768 So. 2d 134 (Louisiana Court of Appeal, 2000)
State ex rel. A.N.B.
750 So. 2d 413 (Louisiana Court of Appeal, 2000)
State ex rel. T.M.H.
748 So. 2d 1216 (Louisiana Court of Appeal, 1999)
State, in Interest of Hd
721 So. 2d 1045 (Louisiana Court of Appeal, 1998)
State, in Interest of Sm
719 So. 2d 445 (Supreme Court of Louisiana, 1998)
State, in Interest of Jm
702 So. 2d 45 (Louisiana Court of Appeal, 1997)
State in Interest of DT v. KT
697 So. 2d 665 (Louisiana Court of Appeal, 1997)
State ex rel. D.T. v. K.T.
697 So. 2d 665 (Louisiana Court of Appeal, 1997)
State, in Interest of Ga
664 So. 2d 106 (Louisiana Court of Appeal, 1995)
State in Interest of EG
657 So. 2d 1094 (Louisiana Court of Appeal, 1995)
In Interest of Jln
658 So. 2d 272 (Louisiana Court of Appeal, 1995)
State in Interest of Broussard
657 So. 2d 121 (Louisiana Court of Appeal, 1995)
State ex rel. V.T.
609 So. 2d 1105 (Louisiana Court of Appeal, 1992)
State, in Interest of Vt
609 So. 2d 1105 (Louisiana Court of Appeal, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
585 So. 2d 1222, 1991 WL 163374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dw-lactapp-1991.