Opinion
NO. 2017 CW 0179
02-16-2017
STATE OF LOUISIANA IN THE INTEREST OF K.B.
In Re: State of Louisiana, Through the Department of Children and Family Services, applying for supervisory writs, Juvenile Court, Parish East Baton Rouge, No. 110850. BEFORE: GUIDRY, PETTIGREW, McDONALD, WELCH AND CALLOWAY, JJ.
WRIT GRANTED. The purpose of Title VI of the Children's Code, applicable to children in need of care proceedings, is "to protect children whose physical or mental health and welfare is substantially at risk of harm by physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others...." La. Ch. Code art. 601; State ex rel. L.B., 2008-1539 (La. 7/17/08), 986 So.2d 62, 64. At a continued custody hearing, as provided for in La. Ch. Code art. 626(A), a trial court must determine whether there exist "reasonable grounds to believe the child is in need of care and that continued custody is necessary for his safety and protection." Grounds for finding a child in need of care include, among other things, when a parent's conduct constitutes a "crime against the child." See La. Ch. Code art. 606(A)(5) and 603(12). "Crimes against the child" is defined in La. Ch. Code art. 603(12)(o), and shall include the commission or the attempted commission of, "cruelty to a juvenile," which is defined as "the intentional or criminally negligent allowing of any child under the age of seventeen years by any person over the age of seventeen years to be present during the manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law. La. R.S. 14:93A(3)." Based on the transcript provided to this Court, we find that the trial court was manifestly erroneous when it found that K.B. is not a child in need of care. Therefore, we reverse the trial court's January 24, 2017 ruling, find that K.B. is a child in need of care, and order the trial court to hold a hearing within three days to determine whether placement can be made with another suitable relative or individual. La. Ch. Code arts. 624(A) and 627.
JTP
JMM
JEW
JMG
Calloway, J. dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT