Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State ex rel. P.B.

Court of Appeal of Louisiana, Second Circuit

December 17, 2014

STATE OF LOUISIANA IN THE INTEREST OF P.B

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 19,273. Honorable Sharon Ingram Marchman, Judge.

AFFIRMED.

LAYNE M. ADAMS, Counsel for the mother.

ELIZABETH C. BROWN, KRISTY KAY FINLEY, Counsel for the child.

VARHONDA BURRELL, Counsel for the father.

JAMES CALDWELL, Attorney General, JERRY L. JONES, District Attorney, JOHNNY L. SANDERS, Assistant District Attorney, Counsel for the State of Louisiana.

Before BROWN, CARAWAY and PITMAN, JJ.

OPINION

Page 807

[49,668 La.App. 2 Cir. 1] CARAWAY, J.

After the minor child had been adjudicated in need of care three times, had nine placements and remained in foster care for almost five years, the trial court changed the permanent goal from reunification with the child's parents to adoption. The mother has appealed the judgment. For the following reasons, we affirm.

Facts

By Instanter Order dated August 13, 2009, 5-year-old P.B. (born 6/11/04) was removed from the home of his mother, 25-year-old April Brown (hereinafter

Page 808

" Brown" ),[1] on the grounds of dependency and lack of supervision arising from Brown's drug use,[2] and placed in the custody of the Louisiana Department of Social Services (hereinafter " State" ).[3] At the time, Brown was not married to or involved with P.B.'s father, Willie B.

In early August 2009, Brown had been admitted to a hospital by physician's emergency commitment due to her attempted suicide. In the three days prior to the commitment, Brown had smoked over $2,000 worth of crack cocaine and consumed an entire bottle of antiseizure medication. In the week prior to her hospitalization, Brown was observed by family members [49,668 La.App. 2 Cir. 2] exhibiting behavior which suggested drug use. Brown's older child had observed her mother go into the bathroom and smoke crack with other individuals; the children were left alone on more than one occasion. Upon Brown's release from the hospital, she left town with an unknown male. She returned on August 12, 2009, and attempted to retrieve her children from her grandmother. Following police intervention, the State obtained the Instanter Order.

The lengthy timeline of the events for this case puts into perspective the issue on appeal concerning the disputed permanency ruling, as follows:

November 2, 2009 -- By stipulation, P.B. was adjudicated a child in need of care and placed in the home of Brown's grandmother. P.B. exhibited behavioral concerns and demonstrated sexual acting out. He was placed on medication.
March 16, 2010 -- Review Family Team Conference Report indicated that Brown had not completed the case plan. Brown maintained unstable housing as she had no home of her own and lived with a boyfriend, failed to complete substance abuse treatment, had tested positive for cocaine three times (including an admitted September 2009 drug binge), and was not mentally stable. The state set forth a goal of reunification for P.B.
August 2010 -- Second Administrative Team Review report indicated that Brown had " made very little progress on her case plan."
September 13, 2010 -- Permanency hearing judgment maintained reunification as the permanent plan for P.B. and his mother
September 17, 2010 -- P.B. placed in the home of his father, Willie B., and his wife.
February 17, 2011 -- Judgment granted formal custody of P.B. to Willie B.
March 14, 2011 -- P.B. was removed from his father's home by Instanter Order on the grounds of physical abuse and neglect, threatened harm, dependency and bruises.[4] Willie was arrested for [49,668 La.App. 2 Cir. 3] domestic abuse battery arising from a physical altercation between Willie and his wife

Page 809

February 27, 2011. P.B. was placed in the custody of the State.
May 4, 2011 -- Brown arrested for contempt/possession of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.