STATE OF LOUISIANA IN THE INTEREST OF L. H. VS
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STATE OF LOmSIANA COURT OF APPEAL FIRST CIRCmT 2006 CJ 1786 STATE OF LOmSIANA IN THE INTEREST OF L H Judgment On Appeal December 28 2006 rendered from the Parish of St 22nd Judicial District Court Tammany State of Louisiana 7161 JJ Division G The Honorable Wayne M Covington Larry J Green Judge Presiding Counsel for Mother Appellant Aufrecht LA MK F Assistant District Attorney Counsel for Plaintiff Appellee Department of Social Ysonde K Boland Services LA Covington Department of Social Services Alison Nations LA Covington Counsel for the Child Marshall Greis LA Covington L H Amber L Mitchell LA Covington BEFORE o 1 I 1t I I J eM 9 PETTIGREW DOWNING AND HUGHES JJ e l tu Vl DOWNING J This appeal arises from LH regarding a but changed following court L H reasons we reverse Covington Louisiana to an OCS received to a the trial believe the accusation reside with M K F OCS had L H Salcedo year old female abuse was Salcedo not in was and R C forensic who position to bed at R C was s 18 fondling did not OCS removed care He After the evaluations Dr old reported alleged at the time had that M K F a a verbal fifty sexual abuse and that one at this adequately protect the child from further R C to be a fifty two year not determine if R C had any old Dr underlying arrested3 and charged with a related offense Case review judgments and permanency Ch C arts 700 and 710 LH to This led MKF night 1 3 April On supervision Consequently ten years reported that he found reported that he could actually For the extremely defensive about the charges against him sexual disorders M K F is 1 L H accused R C of psychologist was adoption undergo psychological evaluations in denial about the a to her in foster mild retardation a was Dr Salcedo male who a that L H IQ of 70 indicating time she M KF F Salcedo reported put her lack of s against her boyfriend placed mother custody of OCS RC boyfriend s report regarding L H L H from the home and in s moved from Texas MKF and her mother her beneath her clothes when he to L H court judgment allegation of sexual abuse Specifically by Dr Rafael OCS Community Services placement goal from reunification s judgment custody of Louisiana Department judgment that continued the child In June 2004 L H 2005 review permanency review case twelve year old child in of Social Services Office of appeals the trial a judgments biological grandmother The record does not reflect the status ofthis are She charge or 2 inmlediately appealable adopted ifR C L H at birth was ever convicted in accordance with La May 17 2005 the OCS child welfare specialist Carmen Clay On formulated provide a in which M K F plan case safe and stable home for her child a classes in which M K F and R C provided was to that M K F clinical director for Offices A hearing was the held on The case case how to skill plan also therapy sessions with Julie Kringas the July 14 2005 and the trial custody 2005 May 17 attend both enrolled on parenting This included Northshore Services of Greater New Orleans Family that L H be continued in approved to was were be instructed at certified foster home a court ordered The trial plan submitted by OCS approving court the goal of reunification for M K F and L H The record reflects that pursuant scheduled the weekly visits with required child support amount separate housing for herself Ms to Clay s month review case opinion Clay reported 2005 the Kringas continued counseling M K F attended the employment and secured these results was MK F court was to to progress in MKF therefore she was Ms weekly basis until she MKF and stated that treatment had been terminated because M K F Ms to by two Kringas then alerted OCS that her was not Kringas also informed OCS that in her angry with L H unable was again ratified the six therapy because she considered therapy was matter independently seeing another counselor At this be unethical with M K F the court still reunification on a Kringas terminated her relationship with relationship making plan therapy sessions paid OCS found stable plan confirming that the goal she could not continue the therapists case attended all On December 1 discovered that M K F time Ms Ms the repOli also recommended that the ultimate goal in this be reunification Ms L H to about the abuse accusations and protect the child from further abuse 3 It was also her MKF opinion that not was of empathy towards the child After continued Ms on Groves explained the trial to Ms Groves down guard issues such she M KF reunification the to began to making of the court some see that R C that are used Groves said that she had to build explained to explained and seen typical was MKF to to therapy independently as well absolutely having as was more the to further the to be help working in this sort of situation go from abused the child some work allegations of the goals to through difficult She although she needed Ms Groves further testified that it and L H have get the client concepts of how perhaps guilty her side Ms Groves testified that she found M K F through her denial her reaction thinking was to progress in this direction She concluded that that R C can on Ms Groves further introduce M K F At the issue Ms at not was that until the therapist case she felt alienated when she She felt that OCS court techniques objective very sincere that idea independent therapist the client would be unable to work her denial and saw an how M K F court the denial issues in this as that when she through to explained lack of M K F treatment 4 with Ms Teri Groves began therapy with Ms Kringas let her her May 9 2006 which is the subject of the judgment hearing a victim as a discontinued Kringas treatment the child first which showed putting not Ms entertaining flexibility in her paramount that M K F together so that each person could participate in the conversation and discuss their grievances OCS did not consider Ms formulating its proposed was 4 treatment or conclusions plan but her testimony before the trial m court uncontradicted The record reveals that Ms hers case Groves When Ms Kringas Groves offered failed to to discontinue her treatment if Ms re commence her treatment of M K F her 4 Ms Kringas would continue Groves continued to treat The record reveals that the foster custodians that they wanted OCS to v1 K F L H changed the parental rights adopt her if the opportunity and adopted progress toward After adoption the OCS case case a hearing on On March 17 2006 arose May 9 2006 the trial had made that M K F mitigating the or H told OCS plan from reunification to termination of plan and ruled alleviating caring for L inadequate L H necessitating causes It also ruled that reunification court impossible placement in foster this time and s at approved the goal change from reunification to adoption addressing the goal change from reunification In stated court care permanency that OCS had However the trial accordance with La Ch C court to made the court consider whether the parent is making significant measurable correcting the conditions focusing 702E The Children art the child to adoption the trial Code also the achieve to OCS on complying with progress toward requiring s to efforts necessary erred in was efforts in s requires the case plan and achieving its goals and be in La Ch C care art 1 702C The uncontradicted evidence in the record shows that M K F complying with the M KF has presented to making with treatment made case inadequate the trial Ms Ms court now progress failed to Groves after Ms the issue OCS proposed states case Kringas declined was to that plan was continue M K F having s trouble with her She also testified without contradiction that M K F making substantial counsel for L H argues though reunification is at address the progress that M K F Groves testified that M K F relationship with OCS was And while the judgment plan was on not progress in the reunification process appeal that M K F has made substantial progress appropriate at this time 5 Even We therefore conclude that the trial court making inadequate progress is uncontradicted evidence of Ms licensed social work whose unsupported by Groves credibility an s finding that the record in MK F was light of the expert witness in the field of and conclusions are unaddressed and unimpeached On review of the record the OCS case we reverse the trial We also plan dated March 17 2006 goal of adoption for permanent placement consistent with the court s ruling approving reverse We order OCS to goal of reunification subj ect to the case develop plan a s plan further review as provided by law The Louisiana cost of this in amount of 344 50 is assessed against Department of Social Services Office of Community Services This memorandumL Courts appeal opinion is rendered of Appeal Rule 2 16 1B REVERSED 6 in accordance with Uniform Rules NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL I FIRST CIRCUIT 2006 CJ 1786 @ STATE OF LOUISIANA IN THE INTEREST OF L H HUGHES J concurs When M K F dared or its hand to picked therapist reunification to and assigns seek the help in our a manner goal of the case not plan sanctioned was by OCS changed from adoption and termination of parental rights Brutally controlling behavior interests of reasons most is not vulnerable children always conducive to the best
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