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State ex rel. K.B.

Court of Appeals of Louisiana, Second Circuit

January 10, 2018

STATE OF LOUISIANA IN THE INTEREST OF K.B. (DOB 12/20/2005); B.B. (DOB 12/18/2006); A.B. (DOB 09/17/2009); S.B. (DOB 06/17/2011); K.B. (DOB 10/08/2012); A.B. (DOB 10/29/2014)

         Appealed from the Fourth Judicial District Court Parish of Ouachita, Louisiana Trial Court No. 21, 297J Honorable Sharon I. Marchman, Judge

          VARHONDA E. BURRELL Counsel for Defendant/Appellant, Father

          ACADIANA LEGAL SERVICES, CORP. By: Tammy D. Weaver Counsel for Plaintiffs/ Matzke Appellees, Children

          JEFF LANDRY Attorney General Counsel for Plaintiff/ Appellee, State of Louisiana

          ROBERT S. TEW District Attorney

          JOHNNY L. SANDERS, II Assistant District Attorney

          COURTNEY W. FRANKLIN Counsel for Plaintiff/ Appellee, State of Louisiana, DCFS

          LAYNE M. ADAMS Counsel for Defendant/ Appellee, Mother

          Before BROWN, STONE, and BLEICH (Ad Hoc), JJ.

          BROWN, C.J.

         In this child in need of care proceeding, the father appeals a trial court's judgment changing a case plan goal from reunification to adoption for the father's six children. For the following reasons, we affirm.

         FACTS AND PROCEDURAL HISTORY

         The six children, K.B., age ten, B.B., age nine, A.B., age six, S.B., age four, Ki.B., age three, and Am.B., age 17 months, were removed from their parents' custody on March 18, 2016, based on allegations that the children were in need of care pursuant to La. Ch. C. art. 606(A) due to neglect and a lack of supervision for all six children, and the physical and sexual abuse of S.B. On March 17, 2016, S.B. was taken to the emergency department at Glenwood Regional Medical Center in West Monroe with a broken right femur. S.B.'s mother, B.B., and father, W.B., alleged that S.B. had fallen at their home and broken her leg.

         The physicians at the medical center stated that S.B. had a spiral fracture of her femur, which was inconsistent with the parents' story of how S.B. was injured. A more thorough examination of S.B. was made, and doctors discovered signs of sexual abuse. After further investigation, B.B., the mother, revealed that on March 15, 2016, W.B. came to her while they were in the home and said that he thought he had broken S.B.'s ...


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