209 So. 3d 1015
La. Ct. App.2016Background
- Mother (diagnosed schizophrenia, substance abuse history, borderline intellectual functioning) gave birth in June 2012; child T.P. was removed within weeks after family and police reported inadequate care and safety concerns.
- DCFS placed T.P. in foster care; case plan (parenting, substance assessment, mental-health treatment) adopted with initial goal of reunification. Mother repeatedly refused visits, largely did not comply with services, and refused counsel for long periods.
- Over multiple years mother sporadically engaged with mental-health services; a court-ordered psychological exam in 2015 (Dr. Pinkston) diagnosed chronic schizophrenia, recurrent major depression, substance-use disorders, impaired judgment, and borderline intellectual functioning; expert concluded poor prognosis for sufficient parental improvement.
- DCFS changed goal to adoption after prolonged noncompliance and minimal visitation; foster/cousin placement sought adoption and provided stable, bonded environment for T.P.
- Trial court found clear-and-convincing evidence under La. Ch. C. art. 1015(5) to terminate parental rights and release child for adoption; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of counsel at CINC hearings | Mother: mental impairment prevented knowing, intelligent waiver; court failed to satisfy La. Ch. C. art. 608 requirements | State: court repeatedly advised mother of right to appointed counsel and of consequences; mother knowingly refused until late | Waiver was valid — court repeatedly advised her and she persisted in refusal; no due-process violation found |
| Reasonable efforts / timing of psychological evaluation | Mother: DCFS failed to make reasonable efforts — did not force earlier psych eval; earlier evaluation/treatment would have aided reunification | State: DCFS knew of mother’s schizophrenia and MMHC treatment history; could not compel compliance; provided available services | DCFS made reasonable efforts; failure to order a psych eval earlier did not prejudice outcome because diagnosis and history were already known |
| Statutory ground under La. Ch. C. art. 1015(5) (one year removal + case-plan noncompliance + no reasonable expectation of near-term improvement) | Mother: recent stabilization after hospitalization shows potential for improvement; termination premature | State: mother had long history of noncompliance with case plan, minimal visitation, chronic mental illness/substance abuse, poor prognosis from expert | Court found clear and convincing evidence of art.1015(5): >1 year removal, substantial noncompliance, and no reasonable expectation of timely improvement |
| Best interest: adoption vs guardianship/continued contact | Mother: asks guardianship or custody to allow continued contact; points to partial improvement post-hospitalization | State: adoption by relative provides permanence and stability; mother historically failed to maintain contact and posed ongoing risk | Adoption affirmed as in child’s best interest — permanency, bonding with adoptive relative, and negligible realistic prospect mother will provide stable, meaningful contact |
Key Cases Cited
- State in Interest of C.V.W., 113 So.3d 1202 (La. App. 2d Cir. 2013) (appellate review of factual findings in TPR is for manifest error)
- State ex rel. L.R.S., 877 So.2d 1040 (La. App. 2d Cir. 2004) (mental illness alone insufficient for termination; assess ability to parent)
- State ex rel. J.A., 752 So.2d 806 (La. 2000) (parent's mental state relevant to termination when it affects care)
- State ex rel. K.G., 841 So.2d 759 (La. 2003) (best interest of child governs TPR analysis)
- State in Interest of S.M., 719 So.2d 445 (La. 1998) (recognizing child’s interest in permanence over parental rights)
- State in Interest of E.I.R., 130 So.3d 360 (La. App. 5th Cir. 2013) (affirming TPR of schizophrenic mother with history of psychosis/substance abuse)