State Dept. of Social Ser. v. Jackson

Full title: STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES, PLAINTIFF-APPELLANT, v…

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Feb 26, 1992

595 So. 2d 820 (La. Ct. App. 1992)

Opinion

No. 23359-CA.

February 26, 1992.

APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE GARY A. BOWERS, J.

Office of Family Support by Ramona L. Emanuel, Shreveport, for plaintiff-appellant.

Ronald J. Miciotto, Shreveport, for defendant-appellee.

Before MARVIN, HIGHTOWER and BROWN, JJ.

HIGHTOWER, Judge.

When, in December 1990, the Department of Social Services (DSS) filed a petition in First Judicial District Court to establish paternity and child support, the alleged biological father excepted, contending that LSA-C.J.P. Art. 16(A)(6)¹ granted exclusive jurisdiction to the Juvenile Court for Caddo Parish. From the sustaining of that declinatory exception, DSS now appeals.

1 All provisions of the Louisiana Code of Juvenile Procedure have been repealed, effective January 1, 1992; however, the subject matter of the indicated subsection now appears, otherwise unchanged, as LSA-Ch.C. Art. 311A(3).

This precise issue is addressed in State, DSS v. Parker, 595 So.2d 815 (La.App. 2d Cir. 1992), rendered this date. For the identical reasons assigned therein, the decision of the district court in the instant case is reversed and remanded. Costs are assessed to appellee.

REVERSED AND REMANDED.