Opinion
NO. 2017 CW 0203
02-16-2017
STATE IN THE INTEREST OF J.F.
In Re: State of Louisiana, applying for supervisory writs, Juvenile Court, Parish of East Baton Rouge, No. 110858. BEFORE: PETTIGREW, McDONALD AND CALLOWAY, JJ.
Calloway, J., serving as Judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.
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 (per curiam). Following a continued custody hearing, as provided for in La. Ch. Code art. 626(A), a trial court may place the child in the custody of a suitable relative or the department. La. Ch. Code art. 627. We find that the trial court was manifestly erroneous when it found that J.F. be placed in the joint custody of the maternal uncle, M.F., and godmother, A.T. Therefore, we reverse the trial court's February 6, 2017 ruling, find that the godmother, A.T., is not a suitable relative for purposes of child placement, and order that J.F. be placed in the sole custody of the maternal uncle, M.F., and that the godmother, A.T., have no unsupervised contact with the minor child. La. Ch. Code art. 627. It is further ordered that a safety plan be made as part of the order. La. Ch. Code art. 627(F).
Pursuant to Rule 5-2 of the Uniform Rules of Louisiana Courts of Appeal, the initials shall be used to ensure the confidentiality of a minor who is a party. --------
JTP
JMM
CAC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT