State v. New Bethany Baptist Church

535 So. 2d 1214, 1988 La. App. LEXIS 2480, 1988 WL 127022
CourtLouisiana Court of Appeal
DecidedNovember 30, 1988
DocketNo. 20336-CW
StatusPublished
Cited by1 cases

This text of 535 So. 2d 1214 (State v. New Bethany Baptist Church) 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. New Bethany Baptist Church, 535 So. 2d 1214, 1988 La. App. LEXIS 2480, 1988 WL 127022 (La. Ct. App. 1988).

Opinion

LINDSAY, Judge.

The petitioner, New Bethany Baptist Church, has applied for the exercise of our supervisory jurisdiction to review rulings by the trial court arising from an investigation of alleged child abuse. This case concerns intervention of the Louisiana Department of Social Services into the operation of a girls’ home by New Bethany Baptist Church. New Bethany complains of ex parte orders issued by the trial court allowing removal of children at the discretion of child protection authorities, requiring the staff at the home to submit to interviews by the department and requiring staff to submit to psychiatric, psychological or physical examinations. For the following reasons, we affirm in part and reverse in part the rulings of the trial court.

FACTS

New Bethany Baptist Church, located near Arcadia, is pastored by Reverend Mack Ford. On the premises, the church operates a home for girls.1 Most of the children in the home appear to be troubled youth who are placed at the facility by their parents.

The school stresses a structured environment in which the girls study during the day from workbooks, perform chores and attend church services. Newspapers, radios and televisions are not allowed. Once each month the girls are allowed one five-minute telephone visit with their parents.

On June 8,1988, two girls ran away from the home. They found their way to the Louisiana Department of Social Services in Shreveport. They reported abusive conditions in the home and denial of medical and dental care to some of the children.

On June 9, 1988, the parish manager for the Claiborne, Webster and Bienville Parish offices of the Department of Social Services, Mr. Watson Armstrong, contacted the church to discuss the situation. Mr. Armstrong was told that Reverend Ford was out of town. On June 14, 1988, Armstrong went to the premises to investigate the reports of abuse and neglect but was denied access.

On June 14,1988, Armstrong obtained an ex parte order from the district court based upon his affidavit that there were reasonable grounds to believe that the girls who were residing at the home and school were being abused or neglected. The order granted authority to enter, interview and examine the children and persons responsible for their care. Authority was also granted to remove the children if reasonable grounds existed to believe that the children were abused, neglected or in need of care. The order further provided that if any of the children were taken into immediate custody, the state was required to file a [1217]*1217verified complaint within twenty-four hours.

Pursuant to this order, officials of the Department of Social Services went onto the church property to conduct their investigation. The officials later testified that they found reasonable grounds to believe that the children were subject to abuse and neglect. Twenty-eight girls expressed a desire to leave with the officials. Whereupon they were taken from the premises, removed from church custody and placed in the custody of the state.

On July 7, 1988, a similar ex parte order was issued concerning some of the other children, mainly boys, housed at the church facility. However, the record presently before this court does not show what action was taken pursuant to this order.

On June 15, 1988, a hearing was held to determine the continued custody of the girls who were removed from the home on June 14, 1988. Counsel for New Bethany contend they were not allowed to participate in the hearing.

Sixteen girls testified at the hearing and related similar accounts regarding conditions in the home. They stated that they were frequently paddled by the staff and that these paddlings often left bruises. Discipline also included beatings at the hands of the other girls with the approval of the sthff, cleaning out animal pens with bare hands and being forced to eat soap. Several girls related instances in which the children were denied medical and dental care. During church services, the girls were frequently called derogatory names. The church staff often prayed that if the girls could not behave that God would either kill them or a close family member.

Incoming and outgoing mail was censored. Monthly telephone conversations with parents were also monitored and if a child complained of conditions at the home, the phone call was immediately terminated by a staff member.

During the hearing, none of the girls were cross-examined. None of the New Bethany staff members were called to testify.

At the conclusion of the hearing, some of the girls were released into the custody of their parents. One was found to be eighteen years old and not subject to the court’s juvenile jurisdiction. Fifteen girls were found to be in need of care and their custody was continued with the state.

On July 7, 1988, the trial court issued another ex parte order allowing child protection authorities to again enter the New Bethany premises, make psychological, physical or psychiatric examinations of the children and their caretakers and interview caretakers. The order required New Bethany to supply a list of names and home addresses of the children at the home and all employees, staff members and volunteers working at the home. The order empowered child protection authorities to remove any child whom the officers had reasonable grounds to believe were abused, neglected or in need of care.

On July 12, 1988, New Bethany filed a motion for a protective order from the ex parte order of July 7. New Bethany also filed a motion requesting that the July 7 order be amended to allow interview questions to be posed by child protection authorities by means of written interrogatories, with New Bethany responding thereto. Both motions were denied July 12, 1988.

On July 12, 1988, New Bethany gave the district court notice of its intent to apply for supervisory writs. A seven day stay order was granted pending filing of the writ application.

On July 19, 1988, New Bethany filed its writ application with this court. In that application, New Bethany argued that LSA-R.S. 14:403 does not authorize ex parte orders requiring caretakers of children to undergo examinations without a factual showing of necessity nor does it require caretakers to submit to interviews by child protection authorities investigating alleged abuse or neglect. New Bethany also argued that requiring the caretakers to submit to interviews and examinations violated the right against compulsory self-incrimination and that requiring such action by means of an ex parte order, without [1218]*1218any notice to New Bethany or opportunity for a hearing, violated the right to due process.

On July 28, 1988, this court granted New Bethany’s writ application, staying the trial court’s ex parte orders, directing that the record be lodged and ordering the parties to brief the issues raised by New Bethany in its writ application.

In its brief, New Bethany essentially objects to the issuance of the ex parte orders on June 14 and July 7, 1988, as set forth in its writ application, and also raises new arguments regarding procedural defects in the proceedings. New Bethany also presents a new issue, not assigned as error in the writ application, regarding the correctness of the June 15 trial court judgment continuing custody of the girls with the state.

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Bluebook (online)
535 So. 2d 1214, 1988 La. App. LEXIS 2480, 1988 WL 127022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-new-bethany-baptist-church-lactapp-1988.