State v. Willis

946 So. 2d 316, 2006 WL 3782996
Louisiana Court of Appeal·Decided December 27, 2006·No. 41,908-JAC·Published·Cited by 12 cases

Opinion

946 So.2d 316 (2006)

STATE of Louisiana In The Interest of C.M., H.W., JR., and L.B., Plaintiffs-Appellees
v.
Chiquita WILLIS, Defendant-Appellant.

No. 41,908-JAC.

Court of Appeal of Louisiana, Second Circuit.

December 27, 2006.

John B. Smitherman, for Chiquita Willis.

Glen Mangham, Assistant District Attorney, for State of Louisiana, Doss.

Eugene Golden, for C.M., H.W., Jr., and L.B.

John W. Wilson, Shreveport, for Harold Willis, Sr.

Wilbert D. Pryor, for Lemale James.

Before STEWART, GASKINS and MOORE, JJ.

STEWART, J.

In this juvenile court proceeding, guardianship of three children was awarded to their maternal grandmother. The children's mother appeals the ruling on the grounds that the trial court erred in allowing the discontinuance of reunification efforts without proof that such efforts were not required and that the placement was *317 not shown to be either in the children's best interests or the least restrictive disposition. For the following reasons, we affirm the juvenile court's judgment.

FACTS

C.W. is the mother of three boys—C.M. (age 16), H.W. (age 14), and L.B. (age 11). The Louisiana Department of Social Services, Office of Community Services ("OCS" or "the department") removed the children from their home on May 28, 2006, in response to reported physical abuse by their mother. The affidavit in support of the instanter order relates that C.W. was "acting crazy." She bit C.M. and H.W. She also beat H.W. with an extension cord and hit him on the head with a bat. Prior to the abusive episode, she told her boys to put furniture in front of the doors, because she feared someone was coming to get them. When H.W. did not act fast enough, she became angry and beat him to make him move faster. The mother was taken to Louisiana State University Medical Center, and the three boys were taken into custody by OCS and placed with their maternal grandmother.

H.W. reported the beatings as an ongoing problem due to anger his mother feels toward his father. Both H.W. and L.B. said they had not attended school for three months. The oldest child, C.M., reported that his mother bit him on his finger when he tried to stop her from beating H.W. To protect his younger brother, H.W., from their mother, C.W. had not finished school and had quit a job to stay home.

The children were adjudicated in need of care at a hearing on July 17, 2006, and they were continued in OCS's custody while residing with their grandmother. The trial judge ordered the mother to undergo a psychiatric evaluation and granted her supervised visits with C.M. and L.B., but not with H.W.

C.W. testified at the hearing regarding the paternity of her sons. She testified that C.M.'s father was deceased. She identified the father of H.W. and gave the name of the man she believed to be the father of L.B.H.W.'s father had already been involved in the proceedings and was allowed reasonable unsupervised visits, including overnight visits, with his son.

Both fathers were present at the dispositional hearing on August 17, 2006. The court appointed an attorney to represent L.B.'s father, who requested a DNA test to confirm paternity. The hearing was then continued to August 23, 2006. When the hearing resumed, two OCS reports were admitted into evidence along with two CASA reports.

The first OCS report of July 7, 2006, related that C.W. had not been cooperative and that the children did not wish to visit their mother. OCS recommended that guardianship of the three boys be given to their maternal grandmother with whom they were residing. Permanency plans for the children, as indicated by their case plans and related reports, included reunification or guardianship with a relative.

The second OCS report on August 16, 2006, indicated that the mother had completed her social assessment, substance abuse assessment, and her court-ordered psychiatric evaluation. She had been referred for parenting classes. C.M. and L.B. had visited her at their grandmother's home, and the visits seemed to be going fine. However, H.W. was not willing to visit her. The report included the same recommendation for guardianship of the children.

The psychiatric evaluation attached to the OCS report did not make any specific recommendation regarding C.W.'s ability *318 to care for her children without resort to physical abuse. In discussing the events that led to the children being removed from the home, C.W. described her son, H.W., as much larger than her and "very oppositional and ungovernable." She admitted biting him twice, though she claimed she felt physically threatened by him and stated that he was trying to kick her leg out from under her. C.W. had one leg amputated after being shot in 1994; she blames the incident on H.W.'s father. The shooting incident led to depression. She was under the care of a psychiatrist from 1998 to 2005, when he moved out of state. Following the incident of May 28, 2006, she was hospitalized for twelve days, diagnosed with Schizoaffective Disorder, and prescribed medications. She was referred to Shreveport Mental Health for services, but she preferred to be followed by a private psychiatrist. She contacted her former psychiatrist, Dr. Islam, who referred her for continued treatment with her primary care doctor. Dr. Islam also discontinued the anti-psychotic medications prescribed to her and informed Shreveport Mental Health that she is not psychotic but suffers from Atypical Depression. C.W. reported that the medications are helping her and that she has much less stress living on her own without having to care for her children. She lives alone in an apartment and supports herself with a disability check. Although she tested positive on a drug-screen for marijuana, she attributed the result to secondhand smoke from friends. The report concluded that C.W. needs to be seen regularly by a psychiatrist and that she would be more likely to participate in treatment if she does not feel forced into it. Because she preferred to see a private psychiatrist, she was given a referral with an appointment set for October 5, 2006.

The CASA report of July 14, 2006, related that the children appeared to be thriving in their grandmother's care where they felt content and secure. Though C.W. was willing to work with CASA, she was uncooperative with OCS and her attorney. She indicated to CASA a willingness to work on her case plan and to visit with C.M. and L.B. However, she did not want to see H.W., and he did not want to see her. CASA related that C.W. began screaming obscenities and hateful words at H.W. when she saw him at her mother's home where the boys reside. She told CASA that she believes he is evil. CASA reported that C.W. blames H.W.'s father for the shooting and takes her anger out on H.W.; however, H.W.'s father has denied involvement in the incident. Although C.W. expressed a desire to reunify with C.M. and L.B., CASA's recommendation was for the boys to be permanently placed under their grandmother's guardianship with scheduled visitations for C.M. and L.B. in another location as C.W. should not be allowed around H.W. CASA's report of August 22, 2006, related to the boys paternity and made the same recommendation that the boys remain with their grandmother.

In addition to the reports admitted into evidence, C.W. called Janet Murray, her caseworker, to testify. Ms. Murray related the steps C.W. had taken toward completing her case plan. Ms. Murray stated that the visits with the boys went fine, but she noted that C.W. had missed the last visit. She also noted that removal of the boys from state custody might adversely impact C

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State v. Willis, 946 So. 2d 316, 2006 WL 3782996 (La. Ct. App. 2006).

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