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State ex rel. B.C.

Court of Appeal of Louisiana, Third Circuit

December 10, 2014

STATE OF LOUISIANA IN THE INTEREST OF B.C

APPEAL fro THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, DOCKET NO. 11-CC-39. HONORABLE DONALD T. JOHNSON, DISTRICT JUDGE.

REVERSED AND REMANDED.

Eugene P. Cicardo, Jr., Joseph M. Reynolds, Law Offices of Eugene P. Cicardo, Jr., Alexandria, LA, ATTORNEYS FOR APPELLANT, J.C.

Field V. Gremillion, Assistant District Attorney, Alexandria, LA, ATTORNEY FOR APPELLEE, State of Louisiana

Diedre R. Fuller, Alexandria, LA, ATTORNEY FOR MINOR CHILD, B.C.

Heather E. Cooley, Alexandria, LA, ATTORNEY FOR DEFENDANT, C.S.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and J. David Painter, Judges.

OPINION

Page 837

[14-783 La.App. 3 Cir. 3] COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

On May 4, 2011, the Department of Children and Family Services (DCFS) in Rapides Parish received a report of physical abuse involving the minor child, B.C. Pursuant to Chapter 6, Title 6 of the Louisiana Children's Code, B.C. was removed from the custody of his parents, J.C. (the mother) and C.S. (the father).

A Continued Custody Hearing was held on May 19, 2011. J.C. was not present at the hearing, but the attorney appointed to represent J.C. stipulated, without any admission of fault, that there were reasonable grounds to believe the child was in need of care and continued custody was necessary.

Page 838

On March 7, 2014, DCFS received a second report of physical abuse involving B.C. At the time of this report, B.C. was living with his father, C.S., in Rapides Parish. J.C. was living at that time in California. An Instanter Order was obtained to remove the child from C.S.'s custody. The affidavit in support of the Instanter Order for removal alleges ...


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