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.

In re Warner

Court of Appeals of Louisiana, Third Circuit

September 26, 2018

IN RE: ANTHONY ALLEN WARNER, ET UX APPLYING FOR INTRAFAMILY ADOPTION

          APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 17-C-5643-B HONORABLE A. GERARD CASWELL, DISTRICT JUDGE

          Mayson James John Concorida Parish Correctional PRO-SE DEFENDANT/APPELLANT: In Proper Person

          Paul E. Brown Attorney at Law COUNSEL FOR PETITIONERS/APPELLEES: Anthony Allen Warner Samantha Maria Smiley Warner

          Court composed of Marc T. Amy, John E. Conery, and Van H. Kyzar, Judges.

          JOHN E. CONERY JUDGE.

         In this appeal, an incarcerated biological father questions the validity of the trial court's judgment granting the intrafamily adoption of his daughter by her step-father. Finding that the record lacked criminal records check returns required by La.Ch.Code art. 1243.2 and La.Ch.Code art. 1253, we vacate the trial court's judgment and remand the matter to that court for further proceedings in accordance with this opinion.

         FACTS AND PROCEDURAL HISTORY

         Anthony Warner, husband of Samantha Warner, petitioned the court for intrafamily adoption of his step-daughter R.C.J. on December 28, 2017. R.C.J. is the biological child of Ms. Warner and pro se Appellant, Mayson John. Mr. John was personally served on January 12, 2018 with the petition and a citation to appear in open court on February 12, 2018. He did not file an answer, opposition, or any other responsive pleading.

         An in-chambers adoption hearing occurred on February 12, 2018. Judgment terminating Mr. John's parental rights to R.C.J. and granting the adoption of R.C.J. by Mr. Warner was signed that day. Mr. John timely appealed the trial court's February 12, 2018 judgment and is now before us asserting four assignments of error. We will not be addressing the merits of these errors in this opinion because the record does not contain a return on the criminal records check on the adoptive parent, Anthony Allen Warner, as mandated by La.Ch.Code art. 1243.2 and La.Ch.Code art. 1253.

         DISCUSSION

         "Adoption statutes are in derogation of the natural right of the parent and must be strictly construed." In re B.J.C., 49, 852, p. 7 (La.App. 2 Cir. 4/15/15), 163 So.3d 905, 910, citing, Myers v. Myrick, 34, 970 (La.App. 2 Cir. 5/17/01), 787 So.2d 546. Intrafamily adoptions are governed by title XII of the Louisiana Children's Code, which provides specific procedures for the adoption of a child by certain relatives. Applicable to this case are the provisions and procedures for the adoption of a child by his or her step-parent when the step-parent is presently married to one of the child's biological parents. In an intrafamily adoption, both parents-unless their parental rights have been judicially terminated-must consent to the adoption or (voluntarily) relinquish their parental rights. La.Ch.Code art. 1193[1] and La.Ch.Code art. 1244.

         Louisiana Children's Code Article 1243.2(A)(1) requires the trial court to order the following:

"[T]he local sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, [to] conduct a record check for all federal arrests and convictions and all state arrests and convictions for each of the prospective adoptive parents. Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the office of state police."

Subsection C of La.Ch.Code art. 1243.2 requires "[t]he sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, and the department [to] accord priority to these orders and [to] provide a certificate indicating all ...


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.