92 So. 3d 447
La. Ct. App.2012Background
- Department DCFS investigated J.L. after concerns of neglect and moved to keep child in services
- A.L. was born with congenital heart condition and clubbed feet and required hospitalization and feeding tube
- A.L. removed Aug 2009; J.L. removed Aug 14, 2009; both children placed in state custody
- Fathers of both children executed voluntary surrenders (A.L. in Sep 2010, J.L. earlier)
- Five case plans were approved for reunification but were unsuccessful; the plan shifted to adoption in May 2010
- September 2011 termination of parental rights was affirmed on appeal, with evidence of noncompliance and lack of significant improvement
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Department proved a statutory ground for termination under 1015(5) | C.L. contends she complied and improvements were possible | Department showed no substantial compliance and no reasonable expectation of improvement | Yes; ground proven by clear and convincing evidence |
| Whether termination was in the children’s best interests | Termination would unjustly sever mother-child bonds | Best interests require permanency and safety for medically fragile children | Yes; termination in the children's best interests |
Key Cases Cited
- State in the Interest of A.C., 643 So.2d 719 (La. 1994) (constitutional liberty interest in meaningful parent-child relationship)
- State ex rel. B.H. v. A.H., 968 So.2d 881 (La.App.2d Cir. 2007) (clear and convincing standard; grounds for termination)
- State ex rel. J.W., 72 So.3d 369 (La.App.2d Cir. 2011) (best interests and termination principles in juvenile proceedings)
- State ex rel. M.H. v. K.W.H., 912 So.2d 88 (La.App.2d Cir. 2005) (appellate review of factual findings in termination cases)