Opinion
2022-CA-0524
08-19-2022
STATE OF LOUISIANA IN THE INTEREST OF S.B.
Lisa Beth Schneider Assistant District Attorney, Juvenile Division Lorena McPhate Lisi Bureau of General Counsel Department of Children and Family Services K. Brandon Cline MENTAL HEALTH ADVOCACY SERVICE Counsel for Appellants Jerome Matthews Counsel for Appellee
NOT DESIGNATED FOR PUBLICATION
APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2022-075-05-NA-E, SECTION “E” HONORABLE Desiree Cook-Calvin, JUDGE
Lisa Beth Schneider Assistant District Attorney, Juvenile Division Lorena McPhate Lisi Bureau of General Counsel Department of Children and Family Services K. Brandon Cline MENTAL HEALTH ADVOCACY SERVICE Counsel for Appellants
Jerome Matthews Counsel for Appellee
(Court composed of Chief Judge Terri F. Love, Judge Sandra Cabrina Jenkins, Judge Dale N. Atkins)
Terri F. Love Chief Judge
This matter involves a child in need of care proceeding. Appellant, the State f Louisiana, lodged an expedited appeal of the trial court's June 28, 2022 disposition judgment, which ordered, in part, the return of the minor children, M.B. and E.B., to the custody of their mother, J.B. The State has declined to file an appellate brief and moves to withdraw the appeal. For the reasons discussed herein, we grant the State's motion to withdraw and dismiss the appeal.
In accord with Rules 5-1 and 5-2 of the Uniform Rules-Courts of Appeal, the initials of the minor children, their mother, and other parties will be used in this matter in lieu of their names in order to ensure the confidentiality of the minors.
FACTUAL AND PROCEDURAL HISTORY
This matter came to the attention of the State, through the Department of Children and Family Services ("DCFS"), in February 2022, involving the safety of the six minor children of J.B. DCFS averred that the children were living in deplorable conditions and were left unsupervised by J.B. DCFS requested custody. The trial court denied DCFS' request for an instanter order of custody, and instead, ordered a safety plan, which was filed with the Court on February 25, 2022.
DCFS represented to the trial court that J.B. had not complied with the safety plan and the minor children remained at risk. On March 16, 2022, trial court signed an instanter order for removal and provisional custody of the minor children to DCFS. Two of the children were ultimately placed with their biological fathers. The minor children, A.B, S.B., M.B., and E.B., who had not been returned to their fathers' custodial care, were placed with their aunt, J.J.
The State filed a Petition requesting that A.B., S.B., M.B. and E.B. be adjudicated children in need of care. The trial court ordered that the children remain in DCFS's custody and continue their placement with their aunt.
DCFS then acknowledged that J.B. had found a new home that passed DCFS's inspection. The trial court rendered judgment ordering that M.B. and E.B., the two younger minor children, be returned to the custody of their mother and that the custody of A.B. and S.B. remain with DCFS.
Following the State's Motion for Appeal, the State, through the Orleans Parish District Attorney and the DCFS, filed a Notice of Withdrawal of Appeal. We grant the State's motion to withdraw, and dismiss the appeal.
APPEAL DISMISSED
TFL
SCJ
DNA