FREDERICKA HOMBERG WICKER, Judge.
Appellant seeks review of a trial court judgment terminating her parental rights. For the following reasons, we affirm.
In August of 2009, seven-year old M.B.
On December 6, 2011, DCFS filed a petition to terminate parental rights. Trial began on March 8, 2012, but was recessed because various witnesses had not been subpoenaed. Trial concluded on March 26, 2012. On that date, the trial judge terminated K.B.'s parental rights pursuant to La. Ch.C. art. 1015(5) and (3)(i) and (j).
In August of 2009, M.B. was placed in foster care after she reported to school with a black eye and gave conflicting reports of the injury's cause. A case worker inspected the child's home and found it to be in "deplorable condition." Following the home inspection, the case worker received multiple reports from neighbors expressing concern for M.B.'s safety. Neighbors reported that K.B. prostituted in her home while the child was present and that M.B. often walked the neighborhood looking for transportation to school when she missed the school bus. When M.B. was initially placed into DCFS's custody, she was described as feral with no social skills or structure; she did not know how to brush her teeth or maintain her personal hygiene.
In March of 2010, M.B. was placed with K.B.'s cousin, R.G., and his wife in Florida. K.B. later moved to Florida and her relatives fixed up a rental property that they owned and allowed K.B. and M.B. to live in the home rent-free and also paid the electric bill. During their time in Florida, K.B. and M.B. received counseling and worked toward reunification. On August 10, 2011, the trial court granted K.B. legal custody of M.B. and ordered that K.B. remain under the supervision of DCFS for a period of three months.
At some point in August 2011, K.B. impulsively left Florida and returned to Louisiana, where she had no job or permanent housing established. R.G. testified that he and his wife supported K.B. financially and physically helped care for M.B. for over a year; eventually, R.G. became discouraged and "booted" K.B. out of his rental property because she consistently refused to work to provide for herself or her child.
The testimony of school counselors reflects that M.B. reported that she did not know where she would be sleeping from day to day and that K.B.'s car was "filled to the brim" with personal belongings as if she had been living out of her car. The CASA volunteer assigned to M.B.'s case testified that this instability made M.B. uncomfortable.
Ms. Dana McGary, a child welfare specialist with the St. John Parish Department of Children and Family Services, testified that she began receiving phone calls or concerns about M.B.'s care within one month of K.B. relocating to Louisiana. The reports indicated that K.B. did not have stable living arrangements, that she belittled M.B., and that she isolated M.B. from her family in Louisiana. The testimony reflects that M.B. was forced to go outside while K.B. smoked and was not permitted to watch television or play with toys or other children. In October of 2011, M.B.'s school contacted DCFS to report concerns for the child's well being. M.B.'s school, which had a history with the family, had been unable to contact K.B. while M.B. was at school with symptoms of a fever, headache, and stomachache. On October 11, 2011, the trial court issued a verbal instanter order returning legal custody of M.B. to DCFS. M.B. was placed with her maternal aunt and uncle in St. Rose, Louisiana.
Dr. Scuddy Fontenelle evaluated M.B. in October of 2009 and again in November of 2011. Dr. Fontenelle found that M.B. was a child of average to above average intelligence and diagnosed her with adjustment disorder of childhood secondary to family dysfunction and emotional abuse. He reported that M.B. wanted stability in her life and was uncomfortable staying overnight with people who were unfamiliar to her. Dr. Fontenelle further indicated that M.B. is prone to symptoms of anxiety due to the uncertainty of her living arrangements. Dr. Fontenelle's records state that M.B. reported previous domestic abuse, describing an incident where she witnessed an argument between her mother and father that resulted in her mother cutting her father with a machete. In her 2011 evaluation, M.B. reported that she was comfortable and secure living with her maternal aunt and uncle.
Dr. Fontenelle also evaluated K.B. in October of 2009 and November of 2011. Dr. Fontenelle found K.B. to be of average intelligence and diagnosed her with major depressive disorder, alcohol abuse by history, and pain disorder (physically and psychologically) by history.
Ms. McGary testified that the risks of reunification with K.B. are instability, lack of housing and income, and chronic abuse or neglect. She also stated that, although K.B. has continued monthly visitation with M.B., she has not provided the $25.00 per month child support required by her case plan. She testified that she does not expect any improvement in K.B.'s situation in the near future. M.B. has reported to DCFS that she is secure and happy with her maternal aunt and uncle in Louisiana and would like to remain in their home if possible. Ms. McGary testified that DCFS's recommendation is for M.B. to be freed for adoption.
L.B., the maternal aunt with whom M.B. is placed, described M.B. as a happy child who likes to play and sing. L.B. testified that she would "absolutely" adopt M.B. and continue to ensure that she receive the appropriate care and mental health treatment needed. L.B. further testified that, although M.B. is more irrational and belligerent for a short period of time after phone calls and visitation with K.B., she would allow continued contact between K.B. and M.B. because M.B. wants to know that her mother is "okay."
Title X of the Louisiana Children's Code governs the involuntary termination of parental rights. State ex rel. A.T., 06-0501 (La.7/6/06), 936 So.2d 79, 82. In a termination of parental rights proceeding, the law provides that a parent's rights shall be terminated if the state proves at least one of the statutory grounds for termination of parental rights, as set forth in La. Ch.C. art. 1015, by clear and convincing evidence. State ex rel. D.D.M., 07-1017 (La.App. 5 Cir. 3/25/08), 983 So.2d 141, 145. The department need only establish one of the enumerated grounds for termination set forth in La. Ch.C. art. 1015. State in Interest of J.R., 11-351 (La.App. 5 Cir. 12/13/11), 84 So.3d 623, 628.
In addition, the trial judge must find that termination of the parent's rights is in the best interest of the child. State ex rel. D.D.M., 07-1017 (La.App. 5 Cir. 3/25/08), 983 So.2d at 145. While parents have a fundamental liberty interest in maintaining a meaningful relationship with their children, the child has a profound interest, usually at odds with those of the parents, in terminating parental rights that inhibit secure, stable relationships found in a home with proper parental care. In balancing these two interests, the courts of this state have consistently found that the child's interest is paramount. State ex rel. C.J.K., 00-2375 (La.11/28/00), 774 So.2d 107; State in Interest of J.R., 11-351 (La. App. 5 Cir. 12/13/11), 84 So.3d at 628.
It is well-settled that an appellate court cannot set aside a juvenile court's findings of fact in the absence of manifest error or unless those findings are clearly wrong. State ex rel. A.T., 06-0501 (La.7/6/06), 936 So.2d at 82-83.
The grounds for termination of parental rights in this case are:
La. Ch.C. art. 1015(3)(j) provides that termination of parental rights is proper when parental misconduct exists, which includes abuse
The legislature defined a neglected child in broad terms to enable experienced juvenile courts to apply their training and experience to the unique facts and circumstances of each case. State ex rel. J.A., 99-2905 (La.1/12/00), 752 So.2d 806, 813 (citations omitted).
In this case, the record supports the trial court's finding of parental misconduct and termination under La. Ch.C. art. 1015(3)(j). Within the month that K.B. obtained legal custody of M.B., she impulsively left Florida and relocated to Louisiana without a job or a place to permanently live. Dr. Fontenelle's 2011
Under the facts of this case, we cannot say that the trial court was clearly wrong in its judgment terminating K.B.'s parental rights or in finding that termination is in M.B.'s best interest. Because we determine that the trial court was correct in its judgment terminating K.B.'s parental rights under La. Ch.C. art. 1015(3)(j), we pretermit a discussion of the grounds for termination under La. Ch.C. art. 1015(3)(i) and (5). See State ex rel. C.J.K., 00-2375 (La.11/28/00), 774 So.2d 107, 117.
K.B. also complains to this Court that DCFS did not provide adequate reunification efforts after a new petition for adjudication was filed and asserts that DCFS should have been required to file a motion under La. Ch.C. art. 672.1 to have the trial court determine whether reunification efforts were required.
La. Ch.C. art. 672.1, however, is permissive and not mandatory. It provides that the department "may" file a motion for a judicial determination that efforts to reunify the child and parent are not required; however, Article 672.1 does not compel the department to file such a motion. State ex rel. R.L.T. & S.A.T., 45,168 (La.App. 2 Cir. 1/27/10), 30 So.3d 1085, 1089; State ex rel. P.A.P., 44,221 (La.App. 2 Cir. 2/4/09), 4 So.3d 182; La. Ch.C. art. 672.1. Nevertheless, the record in this case demonstrates that DCFS did in fact attempt reunification efforts. Subsequent to the new adjudication
"Reasonable efforts" means the exercise of ordinary diligence and care by department caseworkers and supervisors and shall assume the availability of a reasonable program of services to children and their families. La. Ch. C. art. 603. "Reasonable efforts" does not require the department to provide rent-free housing to a parent; it does, however, require that when housing is an impediment to reunification, the department direct the parent to the appropriate agencies that may be able to assist in finding stable housing. State ex rel. A.T., 06-0501 (La.7/6/06), 936 So.2d 79, 86.
The record reflects that DCFS made reasonable efforts toward reunification for over two years before K.B. obtained legal custody of M.B. in August of 2011. The testimony presented shows that, after M.B. was again removed from K.B.'s custody in October of 2011, DCFS directed K.B. to Alpha Daughters of Zion Outreach Center, where temporary shelter, food, gas money, and counseling were offered. However, Ms. Sims, the Director of the Center, testified that in order to apply for aid for permanent or stable housing, K.B. would have had to obtain a job, which she refused to do. Additionally, Ms. McGary testified that K.B. was provided brochures and information directing K.B. to properties that base rent on income. The testimony reflects that K.B. was provided but refused mental health treatment and consistently refused to work.
Our review of the record reflects that the trial court did not err in finding that DCFS made reasonable efforts toward reunification. K.B.'s argument lacks merit.
Accordingly, for the reasons above, we affirm the judgment of the trial court terminating K.B.'s parental rights and freeing M.B. for adoption.
JOHNSON, J., concurs with reasons.
JOHNSON, J., concurs with reasons.
I, respectfully, disagree with the majority's discussion of whether termination of K.B.'s parental rights was proper when no reasonable efforts were made by DCFS to remove the impediments to reunify M.B. with K.B. for the following reasons.
In her second assignment of error, K.B. alleges the termination of her parental rights was improper because DCFS failed to make reasonable efforts to remove the impediments to reunification by offering social services to facilitate reuniting the family unit. K.B. argues her parental rights were terminated pursuant to La. Ch.C. art. 1015(5), thus requiring the State to reasonably assist her in coordinating social services. As a result of DCFS's failure to assist her in finding suitable housing and counseling, K.B. contends the trial court terminated her parental rights prematurely.
La. Ch.C. art. 672.1 provides, in pertinent part,
In conjunction with La. Ch.C. art. 672.1(C), La. Ch.C. art. 1015 states, in pertinent part,
The grounds for termination of parental rights are:
For the foregoing reasons, I am of the opinion that the termination of K.B.'s parental rights was proper, in accordance with La. Ch.C. art. 672.1(C). In all other respects, I agree with the majority's opinion.