Opinion
21-C-639
11-10-2021
IN THE INTEREST OF C.T. IN RE STATE OF LOUISIANA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES
APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ANN MURRY KELLER, DIVISION "A", NUMBER 16-CC-102
Panel composed of Judges Susan M. Chehardy, Hans J. Liljeberg, and John J. Molaison, Jr.
WRIT DENIED
In this writ application, relator, the State of Louisiana, Department of Children and Family Services ("the Department"), seeks review of the juvenile court's judgment that disapproved the permanent placement of the minor child, C.T., with her foster parents, Lacy and Catherine Dominique, based on a finding that such placement and adoption is not in C.T.'s best interest. The court further ordered that the Department formulate a plan for C.T.'s adoption by a more suitable foster parent as soon as possible. After review, we find no manifest error in the juvenile court's ruling.
La. Ch.C. art. 672 provides, in pertinent part:
A. (1) Whenever custody of a child is assigned to the Department of Children and Family Services, the child shall be assigned to the custody of the department rather than to a particular placement setting. The department shall have authority over the placement within its resources and the allocation of other available resources within the department for children judicially committed to its custody.
(2) Upon motion of the court, for good cause shown, a contradictory hearing shall be held and thereafter, the presiding judge shall have the authority to disapprove a placement chosen by the department if it is not in the best
interest of the child and shall issue a written order that the department choose a more suitable placement with reasons supporting the court's decision.
It is well-settled that the juvenile court retains the ultimate authority over a child's placement. State in the interest of Z.U., 20-26 (La.App. 5 Cir. 5/13/20), 296 So.3d 1122, 1133, writ denied, 20-574 (La. 6/10/20), 307 So.3d 1031. While the juvenile court may not order a specific placement for the child pursuant to La. Ch.C. art. 672, it can find that a specific placement is not in the best interest of the child and order that a child be moved. State in the interest of B.F., 19-115 (La.App. 5 Cir. 8/9/19), 279 So.3d 453, 470.
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. In re: J.L.C.K., 17-496 (La.App. 5 Cir. 1/16/18), 238 So.3d 559, 562; In re: A.J.F., 00-948 (La. 6/30/00), 764 So.2d 47, 61. Under this standard, the appellate court must not substitute its own opinion when it is the juvenile court that is in the unique position to see and hear the witnesses as they testify. State in the interest of B.F., 279 So.3d at 462.
After thorough review of the writ application, opposition, exhibits, and transcripts of the proceedings, we cannot say that the juvenile court was manifestly erroneous by finding that C.T.'s placement with the Dominiques is not in her best interest and by ordering the Department to formulate a plan for C.T.'s adoption by a more suitable foster parent. Accordingly, this writ application is denied.
HJL
JJM
CHEHARDY, C.J., DISSENTS WITH REASONS
I respectfully dissent. The juvenile court's September 23, 2021 oral reasons for judgment and Minute Entry-Judgment are legally erroneous in stating that adoption by Ms. Brinson "is in the best interest of the minor," and therefore render the ruling indeterminate. Pursuant to La. Ch. C. art. 700 (A) and La. Ch. C. art. 672, the court may either approve the DCFS's plan or reject the plan and order DCFS to revise it; the court may not direct the child's placement. State in the Interest of Z.U., 20-26 (La.App. 5 Cir. 5/13/20), 296 So.3d 1122, 1133, writ denied, 20-574 (La. 6/10/20), 307 So.3d 1031. Accordingly, I would grant the writ, vacate the juvenile court's September 23, 2021 Minute Entry-Judgment, and remand for entry of a Judgment consistent with the applicable Louisiana Children's Code provisions and State in the Interest of Z.U.
SMC