STATE OF LOUISIANA IN THE INTEREST OF B. L.
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STATE OF LOUISIANA IN THE INTEREST OF NO. 18-C-389 B. L. FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA July 25, 2018 Susan Buchholz First Deputy Clerk IN RE R. L., JR AND L. L., PATERNAL GRANDPARENTS APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ANDREA PRICE JANZEN, DIVISION ''B'', NUMBER 2011-CC-119 Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and Marion F. Edwards, Judge Pro Tempore WRIT GRANTED; MATTER REMANDED By this writ application, Lisa and Robbie Lauland, Jr., the paternal biological grandparents of a minor child (B.F.), request review of a decision by the Juvenile Court denying their “Motion to Intervene, Motion for Immediate Family Placement, and Request for Notice of Proceedings Pursuant to La. Ch. C. Art. 623A.” The Juvenile Court summarily denied the motions without conducting a hearing on the matter. The written reasons for judgment show that the child was born on November 22, 2017, as a drug-exposed infant and remained in NICU for about 20 days. She came into care on December 11, 2017 by court order, and was placed in foster care. Subsequent DNA testing established that Robbie Lauland, III is the biological father. That evidence was entered into the court record on March 5, 2018. Mr. Lauland’s parents filed the motions at issue herein on June 22, 2018. 18-C-389 The reasons for judgment show that the trial court considered assessments by Early Steps and an evaluation by Tulane Parenting Education Program, as well as a recommendation that the child remain in care and in her current placement. The trial judge correctly pointed out that intervention is discretionary with the court pursuant to La. Ch. C. art. 697, and ultimately concluded that: This court was not made aware of any interest of Lisa and Robbie Lauland, Jr. concerning visitation and/or custody of B.F. (11/22/17) until the filing of the above mentioned motions on June 22, 2018, approximately seven months since the inception of the case in the Juvenile Court, at which time the minor was approximately eight months old. The paternal grandparents knew or should have known the child was placed in the custody of the Department of Children and Family Services as the father of the minor, their son, lives at their home and is married to the mother of the child. Although the decision to allow an interested party to intervene in the case, and become involved in proceedings to facilitate the permanent placement of a child is discretionary with the court, the best interest of the child must be paramount in court decisions for purposes of both adoption and custody.1 The grandparents were denied any opportunity to be heard or to present their case for why their intervention is in the best interest of their granddaughter primarily because they failed to file for intervention until the child was eight months old. We find the juvenile court erred in denying the grandparents’ motions without a hearing or any consideration of what is in the best interest of the child. We hereby grant the writ application and remand the matter to the trial court for a hearing on, and full consideration of, the “Paternal Grandparents’ Motion to 1 State in Interest of P.T., 2014-1160 (La. App. 3 Cir. 3/4/15), 159 So.3d 1184, 1193, writ denied, 2015-0693 (La. 5/1/15), 169 So. 3d 378. 2 Intervene, Motion for Immediate Family Placement, and Request for Notice of Proceedings Pursuant to La. Ch. C. Art. 623A.” Gretna, Louisiana, this 25th day of July, 2018. MFE FHW SJW 3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ ROBERT M. MURPHY STEPHEN J. WINDHORST FIRST DEPUTY CLERK FIFTH CIRCUIT HANS J. LILJEBERG MELISSA C. LEDET 101 DERBIGNY STREET (70053) JUDGES DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 07/25/2018 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 18-C-389 E-NOTIFIED Kristine K. Sims (Relator) Jennifer G. Womble (Respondent) MAILED Frances M. Olivier (Relator) Attorney at Law 2341 Metairie Road Metairie, LA 70001 Elizabeth G. Lincoln (Respondent) Attorney at Law State of Louisiana, Department of Children and Family Services 1450 Poydras Street Suite 1600 New Orleans, LA 70112 Lisa P. Harrell (Respondent) Attorney at Law 848 2nd Street 3rd Floor Gretna, LA 70053 Jesse S. George (Respondent) Attorney at Law 935 Gravier Street Suite 1340 New Orleans, LA 70112
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