84 So. 3d 623
La. Ct. App.2011Background
- DCFS removed two minor children from the home in April 2009 and filed a petition to terminate parental rights in August 2010; the trial court terminated both parents’ rights and the parents appealed.
- C.R. (mother) and C.F. (father) had ongoing case plans requiring substance abuse treatment, parenting education, transportation for the children, support payments, driver’s license restoration, and participation in visits and court hearings.
- The children were placed with relatives, then with the maternal grandmother, then with a foster family; the current guardians sought adoption and testified to the children’s thriving condition.
- DCFS and the guardian ad litem recommended adoption as in the best interest of the children due to the parents’ failure to comply with the case plan and ongoing instability.
- The court found abandonment under La. Ch.C. art. 1015(4)(b) and lack of substantial compliance under La. Ch.C. art. 1015(5); it held termination was in the children’s best interests.
- Imprisonment was not excused as a reason to avoid obligations, and post-petition payments were not relevant to the abandonment finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial parental compliance with the case plan (Art. 1015(5)). | C.R.'s argument for compliance. | State's position on lack of substantial compliance. | Grounds for termination established under Art. 1015(5) (and 4). |
Key Cases Cited
- State in the Interest of A.C., 643 So.2d 719 (La. 1995) (constitutional liberty interest balanced against state interest in termination)
- State ex rel. D.L.R., 998 So.2d 681 (La. 2008) (clear and convincing standard; best interest analysis requires substantial evidence)
- State ex rel. K.G., 841 So.2d 759 (La. 2003) (manifest error review; compliance findings reviewed for error)
- State ex rel. M.H. v. K.W.H., 912 So.2d 88 (La. App. 2 Cir. 2005) (incarceration not a defense to failure to support in termination cases)
- State ex rel. A.D.S., 888 So.2d 913 (La. App. 4 Cir. 2004) (payments after petition filing not relevant to abandonment under 1015(4)(b))
- State in the Interest of C.D., 558 So.2d 806 (La. App. 5 Cir. 1990) (children’s need for stable home; derivate reasoning for termination decisions)