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State ex rel. Z.D.

Court of Appeals of Louisiana, Fourth Circuit

December 6, 2017

STATE OF LOUISIANA IN THE INTEREST Z.D.

         APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2017-00095-01-NA-A, SECTION "A" Honorable Ernestine S. Gray, Judge

          Leon Cannizzaro DISTRICT ATTORNEY

          Scott G. Vincent ASSISTANT DISTRICT ATTORNEY

          J. Taylor Gray ASSISTANT DISTRICT ATTORNEY PARISH OF ORLEANS COUNSEL FOR APPELLANT/STATE OF LOUISIANA

          Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Rosemary Ledet, Judge Regina Bartholomew Woods

          Rosemary Ledet, Judge.

         In this appeal, the State seeks review of the juvenile court's finding that Z.D. is not a child in need of care as to his father. For the reasons that follow, we find that we lack appellate jurisdiction and therefore dismiss the State's appeal.

         STATEMENT OF THE CASE

         On May 2, 2017, the State filed a petition, alleging, inter alia, that Z.D.'s father is incarcerated in Texas and requesting that Z.D. be adjudicated a child in need of care as to his father.[1] The matter was then set for adjudication. At the adjudication hearing, the juvenile court found that Z.D. was not a child in need of care as to his father. The juvenile court then set the matter for "case review" on July 20, 2017. This appeal followed.

         DISCUSSION

         Article 330(B) of the Louisiana Code of Criminal Procedure provides that, "[i]n . . . child in need of care proceedings pursuant to Title VI . . . an appeal may be taken only after a judgment of disposition . . . [and] shall include all errors assigned concerning the adjudication and disposition." The record in this case does not contain a judgment of disposition as to Z.D.'s father. Accordingly, we find that we lack appellate jurisdiction over this case.

         DECREE

         For the foregoing reasons, we dismiss the State's appeal.

         APPEAL ...


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