Opinion
NO. 2014 CW 1526
02-03-2015
STATE OF LOUISIANA IN THE INTEREST OF A.R. AND P.R.
In Re: C.R., applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. J-13107. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The fundamental and constitutional right of parents to the custody and control of their children requires the appointment of counsel to indigent parents when the state seeks to remove their child from their home because of alleged abuse and neglect. Lay v. McElven, 96-1385 (La. App. 1st Cir. 03/27/97), 691 So.2d 311, writ denied, 97-2398 (La. 2/6/98), 709 So.2d 730. See La. Ch. Code art. 608. Based on our review of the limited information in the writ application and the documentation received from the Livingston Parish Clerk of Court's Office, we find there was insufficient information and documentation to serve as the basis for the trial court's ruling denying the mother's claim of indigency. Accordingly, the trial court is directed to conduct a more thorough analysis of the mother's claim of indigency and to establish a record of the proceeding.
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT