Opinion
2023 CW 1179
02-16-2024
KELVIN WELLS v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, THE 19TH JUDICIAL DISTRICT FAMILY COURT, DIVISION OF ADMINISTRATIVE LAW
Kelvin Wells, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 181016.
BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.
WRIT DENIED. Pursuant to La. R.S. 46:236.15(D)(1)(a), if relator seeks review of seizure of property by the Louisiana Department of Children and Family Services ("DCFS"), "the agency shall either release the property or schedule a hearing in accordance with the Administrative Procedure Act." Under the Administrative Procedure Act, "a person who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review..." La. R.S. 4 9: 97 8 .1 (A) (1) . Further, "[p]roceedings for review may be instituted by filing a petition in the district court of the parish in which the agency is located..." La. R.S. 4 9: 97 8.1 (B); State in Interest of Caston, 2020-0768 (La.App. 1st Cir. 2/19/21), 321 So.3d 419, writ denied, 2021-00425 (La. 5/11/21), 315 So.3d 872 ("When reviewing an administrative final decision, the district court functions as an appellate court," and "[o]nce a final judgment is rendered by the district court, an aggrieved party may seek review by appeal to the appropriate appellate court."). Thus, relator should seek review first with the district court.
JEW
EW
TPS