STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2023 CJ 0655

STATE OF LOUISIANA IN THE INTEREST OF A.B. AND E.B. 

JUDGMENT RENDERED: JAN 1 9 2M

Appealed from the City Court of Denham Springs

Parish ofLivingston • State of Louisiana

Docket Number J- 12050- 1 • Juvenile Division

The Honorable Jerry L. Denton, Jr. • Presiding Judge

Jane Hogan COUNSEL FOR APPELLANT

Rebecca D. Lee MINORS' FATHER— R.B. 

Louisiana Public Defender Board, 

Child in Need ofCare Appellate Project

Livingston, Louisiana

Alice Montestruc

Mental Health Advocacy Service (MHAS), 

Child Advocacy Program

Livingston, Louisiana

Laura G. Slocum

Livingston, Louisiana

Scott M. Perrilloux

District Attorney

Brad J. Cascio

Assistant District Attorney

Livingston, Louisiana

COUNSEL FOR APPELLEES

MINOR CHILDREN— A.B. and E.B. 

COUNSEL FOR APPELLEE

The Louisiana Department of

Children and Family Services

DCFS) 

COUNSEL FOR APPELLEE

The State of Louisiana

BEFORE: WELCH, HOLDRIDGE9,1

LANIER, WOLFE, AND RESTER, JJ. 

The Honorable Guy Holdridge, retired, is serving as judge pro tempore by special appointment

ofthe Louisiana Supreme Court. 

J4.,• 1
WELCH, J. 

The father of two minor children appeals a judgment that terminated his

parental rights and freed his two minor children for adoption.' For the following

reasons, we vacate and remand. 

FACTS AND PROCEDURAL HISTORY

R.B. is the biological father of A.B. ( born February 26, 2017) and E.B. (born

March 2, 2020). On March 30, 2021, R.B. and the children' s mother ( B.B.) were

arrested for possession of heroin and drug paraphernalia while the children were in

the car with them. As a result, the State took A.B. and E.B. into custody by instanter

order and placed them in the care of their paternal grandmother (R.B.' s mother is

referenced herein as " the grandmother" ).3 The city court adjudicated the children in

need of care on May 13, 2021, pursuant to stipulations by the parents without

admissions to the supporting allegations. 

The Louisiana Department of Children and Family Services (" DCFS") 

developed a case plan approved by the city court and finalized on April 29, 2021, 

that set forth the basic requirements for each parent to achieve the goal ofreunifying

the children with them. The April 29, 2021 case plan required that R.B. and the

children' s mother submit to a substance abuse assessment and follow all

recommendations; maintain legal employment; resolve pending criminal matters; 

submit to random drug screens; participate in couple' s counseling; maintain safe and

stable housing; regularly visit with case workers; pay $ 100 monthly toward the cost

2 The same January 12, 2023 judgment terminated the mother' s ( B.B.) parental rights; however, 

the mother has not appealed. The judgment is final as it relates to the termination of the mother' s

parental rights. See State in Interest of B.B.M., 2021- 1359 ( La. App. I" Cir. 6/ 16122), 2022 WL

2168939, * 2 n.7 ( unpublished), writ denied, 2022- 01023 ( La. 917122), 345 So.3d 431. 

The affidavit submitted in support of the instanter order represented that the parents had

extensive history" with DCFS, which dated back to 2008. In 2017, DCFS intervened in this

matter, and the mother voluntarily surrendered her parental rights to an older child, after A.B. 

tested positive for opiates at birth. 

N
of the children' s care; and maintain regular contact with the children according to a

visitation plan. 

In advance of a scheduled review hearing of the April 29, 2021 case plan, 

DCFS reported to the city court that neither parent had started or completed any of

the case plan goals, and that the parents had not demonstrated behavioral changes to

achieve a stable and substance -free lifestyle. DCFS informed the city court that, 

according to the grandmother, the parents overdosed on heroin at their home on

August 18, 2021, causing them to be evicted and homeless. After the October 14, 

2021 review hearing, the city court ordered that the children remain in state custody

with the goal ofreunification. The city court ordered the parents to comply with the

requirements of the updated case plan, finalized on September 1, 2021, which

included the same parental requirements. 

On November 29, 2021, the children were placed together in a certified foster

home because their grandmother expressed to DCFS that she was unable to care for

the children long term.4

Prior to the next review hearing, both parents were again

arrested and incarcerated. DCFS reported that neither parent had completed the case

plan, although R.B. did make one $ 200 payment to the grandmother for the

children' s care.' DCFS recommended that the permanency goal for the children be

changed from reunification with the parents to adoption. After the March 10, 2022

review hearing, the city court ordered that the children remain in state custody in

their current foster home placement and changed the case plan goal from

reunification to adoption. 

On June 8, 2022, DCFS filed a petition to terminate the parents' parental rights

and certify the children for adoption. DCFS alleged two grounds for the termination

4 The children were placed with the grandmother from the date of removal, March 30, 2021, 

through November 28, 2021. 

DCFS reported that the payment went directly to the grandmother because she was not a certified

caregiver, 

3
of R.B.' s parental rights. First, DCFS alleged that R.B.' s parental rights should be

terminated pursuant to La. Ch. Code art. 1015( 5)( b), 6 for failing " to provide

significant contributions to the child[ren]' s care and support for any period of six

consecutive months" ( one of the " abandonment" grounds for termination). Second, 

DCFS alleged that R.B.' s parental rights should be terminated pursuant to La. Ch. 

Code art. 1015( 6), for his failure to substantially comply with the case plan and there

being " no reasonable expectation of significant improvement" in R.B.' s condition

or conduct in the near future (the " substantial compliance with the case plan" ground

for termination).' 

The termination of parental rights hearing was held on December 1, 2022. At

the hearing, R.B. testified. R.B. described his opioid addiction, which began after he

sustained injuries while in the military. R.B. testified that he was sober from 2011

until 2015 or 2016, when he sustained injuries in a car accident that led him to

resume taking opioids to manage his pain. R.B. acknowledged that he has been

incarcerated three times in relation to the possession of heroin charge that led to the

children being taken into state custody on March 30, 2021. R.B. indicated that his

criminal charges were resolved with a final guilty plea to possession of drug

paraphernalia, with credit for time served. R.B. confirmed that while incarcerated, 

he had been in contact with DCFS and received copies of the case plans. 

6 This matter was decided under the prior version of La. Ch. Code art. 1015, before its amendment

by 2023 La. Acts No. 271, § 1 ( eff. June 9, 2023). 

The petition alleged that the mother' s ( B.B.) parental rights should be terminated based on three

grounds: ( 1) abandonment under La. Ch. Code art. 1015( 5)( b) ( failure to provide significant

contributions to the children' s care and support for any period of six consecutive months); ( 2) 

significant contact under La. Ch. Code art. lot 5( 5)( c) ( failure to maintain significant contact with

the children for any period of six consecutive months); and ( 3) substantial case plan compliance

under La. Ch. Code art. 101 5( 6) ( failure to substantially comply with the case plan and there being

no reasonable expectation of significant improvement in the parent' s condition or conduct). Since

the mother has not appealed the city court' s January 12, 2023 judgment, we will not detail the

testimony adduced at the hearing on which the city court based its decision to terminate the

mother' s parental rights to the children. 

0
R.B. testified that he has always worked on his sobriety, and had particularly

done so in 2022, motivated by his love for his children. R.B. explained that after his

release from jail on June 13, 2022, he entered a residential detox treatment program

at The Grove, which he completed on August S, 2022. Immediately thereafter, R.B. 

entered the church -based sober living program, Life House, located in St. James

Parish. While at Life House, R.B. voluntarily participated in and successfully

completed an intensive outpatient addiction treatment program, while also taking

part in individual and group therapy sessions. R.B. testified that he submitted to

routine random drug screens as part of the Life House program and had not failed

any drug tests. 

R.B. confirmed that he intended to complete the year-long Life House

program, which generally did not allow men to have children live with them. R.B. 

explained that if custody was returned to him, he would continue making progress

toward his sobriety and working, relying on the grandmother or a daycare provider

to babysit the children. R.B. stated that he had a good relationship with the children' s

foster parents and that he had visited with the children as allowed by the case plan. 

During the visits, R.B. testified that he provided the children with snacks and gifts, 

including balls, sidewalk chalk, and a learning tablet. 

R.B. also participates in Life House' s job training program. R.B. testified that

through his employment with Life House Staffing, he is able to work full-time at a

scaffolding company. From his earnings, R.B. pays Life House $ 840 per month "to

stay there," leaving approximately $ 440 from which he pays set rates for

transportation and other living expenses. R.B. stated that Life House provides him

with breakfast and dinner, but he is responsible for buying clothes and toiletries and

paying his cell phone bill with his $ 440 monthly income. R.B. testified that his

monthly income was frequently much less during the months he had to attend court, 

as he is charged $ 30 plus $ 6 per mile for transportation. R.B. added that after six

k
months with Life House' s job program, he would be allowed to obtain employment

directly from other employers, which he believed would enable him to earn more

money. 

Regarding his financial contributions to the children' s care and support, R.B. 

testified that he had not contributed " as much as I' d ... like." R.B. testified that while

he was incarcerated, he had no income and was unable to pay contributions towards

his children' s care. R.B. testified that when his children were placed with their

grandmother, he tried to give her money, but she always refused to accept his

payments. R.B. confirmed that only one $ 200 payment was made to and accepted

by the grandmother. R.B. explained that he had " cash in [his] pocket" at every visit

and would offer to pay the contributions, but DCFS would not accept cash payments, 

instead requiring him to pay via money orders. R.B. stated that he had difficulty

obtaining money orders. R.B. testified that he now had " money set aside in a bank

account right now...." R.S. testified that he would make all back -payments for the

financial contributions required under the case plan for his children' s care and

support. 

Samantha Cascio, the DCFS caseworker assigned to this matter, also testified

at the hearing. Ms, Cascio indicated that R.B. was currently in compliance with his

case plan and had been in compliance since July 2022. Ms. Cascio stated that DCFS

was requesting termination of R.B.' s parental rights on the grounds of abandonment

based on R.B.' s failure to provide financial contributions for a period of six

consecutive months. She stated that the children ---who were two and almost five

years of age on the date of the hearing—had been in state custody for twenty-one

months. Ms. Cascio testified that R.B. was assessed parental contributions in the

amount of $100 per month, but that he had made only one payment of $200 on

October 25, 2021. Ms. Cascio confirmed that R.B. began living at Life House in

August 2022, and that children were not allowed to live there. Ms. Cascio also

C1
confirmed that R.B, visited with his children as allowed, stating that the children

were always excited to see R.B. and " enjoy visiting with him." Although she

acknowledged that R.B. had begun to work the case plans, Ms. Cascio stated DCFS' s

position was that termination ofR.B.' s parental rights was in the best interests ofthe

children. 

The Court Appointed Special Advocates (" CASA") worker assigned to the

case, Christina Green, similarly acknowledged that R.B. had made progress

regarding the case plan. However, she noted that R.B. had previously been unable

to maintain his sobriety for longer than six months. Ms. Green agreed with DCFS

that it was in the children' s best interests for parental rights to be terminated due to

R.B.' s inability to maintain sobriety, lack of adequate housing for the children, and

lack of a support system beyond the grandmother. Ms. Green recognized that R.B. 

loved his children and was making progress on the case plans, but recommended

adoption for the children. 

At the conclusion of the hearing, the city court took the matter under

advisement. The city court thereafter issued written reasons, finding that DCFS

proved a ground for terminating R.B.' s parental rights, specifically, that R.B. 

abandoned his children under La. Ch. Code art. 1015( 5)( b), for failing to provide

significant contributions to the children' s care for a period of six consecutive

months, prior to the single $200 payment, and again thereafter. The city court further

found that the termination of R.B.' s parental rights would be in the best interests of

the children. In accordance with those reasons, the city court signed a judgment on

January 12, 2023, terminating R.B.' s parental rights and freeing, the children for

adoptions R.B. now appeals.' 

As previously noted, the mother (B.B.) has not appealed; therefore, the termination of her parental

rights is not at issue herein. 

9 R.B. tiled a motion for appeal and designation of record on January 26, 2023. The city court

signed an order of appeal on January 31, 2023. 

7
LAW AND DISCUSSION

Termination of the legal relationship between natural parents and children is

one of the most drastic actions the State can take against its citizens. State in

Interest of A.L.D., 2018- 1271 ( La. 1/ 30/ 19), 263 So.3d 860, 863. The interests of

the parents and children must be balanced; however, the paramount consideration is

the best interest ofthe children. State in Interest of C.F., 2017- 1054 ( La. 12/ 6/ 17), 

235 So.3d 1066, 1075. Thus, rather than simply protecting parental rights, our

judicial system must protect the rights of children to thrive and survive in a safe, 

secure environment and to be reared by someone capable of caring for them. Id. To

protect children whose parents are unwilling or unable to provide safety and care

adequate to meet their physical, emotional, and mental health needs, the Louisiana

Children' s Code provides a judicial process for terminating the parents' rights and

responsibilities and certifying the children for adoption. La. Ch. Code art. 1001. 

Louisiana Children' s Code article 1015 enumerates the grounds for the

involuntary termination of parental rights. The State must prove the elements of at

least one of the statutory grounds for termination by clear and convincing evidence. 

See La. Ch. Code art. 1035( A); State in Interest of C.F., 235 So.3d at 1072. That

is, the State must prove that the existence of the ground for termination is highly

probable or much more probable than its nonexistence— more than proof by a

preponderance of the evidence, but less than proof beyond a reasonable doubt. In re

L.M.M., Jr., 2017- 1988 ( La. 6/ 27/ 18), 319 So.3d 231, 244 n. 13. 

If the court finds that the State has met its burden of proving one of the

grounds for termination by clear and convincing evidence, the court must then

determine whether termination is in the best interests of the children. La. Ch. Code

art. 1039; State in Interest ofA.L.D., 263 So.3d at 863. To summarize, involuntary

termination of parental rights is a two-pronged inquiry. First, the State must prove

by clear and convincing evidence the existence of at least one of the eight statutory
grounds for termination under La. Ch. Code art. 1015. Second, after the ground for

termination is found, the court must determine whether the termination is in the

child' s best interests. La. Ch. Code art. 1039; State ex rel. L.B. v. G.B.B., 2002- 

1715 ( La. 12/ 4/ 02), 831 So.2d 918, 922. 

These factually -intense determinations are reviewed on appeal under the

manifest error standard. State ex rel. H.A.B., 2010- 1111 ( La. 10/ 19/ 10), 49 So.3d

345, 368; State in Interest ofA.D., 2020- 1298 ( La. App. 1St Cir. 6/ 4/ 21), 327 So. 3d

1032, 1034. The issue to be resolved by the reviewing court is not whether the trier

of fact was right or wrong, but whether the factfinder' s conclusion was a reasonable

one. Zito v. Advanced Emergency Medical Services, Inc., 2011- 2382 (La. 518112), 

89 So.3d 372, 375 ( citing Stobart v. State, Dep' t of Transp. and Dev., 617 So.2d

8801 882 ( La. 1993)). If the factual findings are reasonable in light of the record

reviewed in its entirety, a reviewing court may not reverse even though convinced

that had it been sitting as the trier of fact, it would have weighed the evidence

differently. Zito, 89 So.3d at 375 ( citing Stobart, 617 So.2d at 882- 83). 

In this case, the city court found that DCFS proved grounds for terminating

R.B.' s parental rights under La. Ch. Code art. 1015( 5)( b). The city court held that

DCFS has met the requisite burden of proof to establish the existence of

abandonment and warrant termination of parental rights under Article 1015( 5)( b)." 

Louisiana Children' s Code article 1015( 5)( b) 10 provides for termination on the basis

of: 

5) Abandonment of the child[ren] by placing [ them] in

the physical custody of a nonparent, or the [ custody of the

state], or by otherwise leaving [them] under circumstances

demonstrating an intention to permanently avoid parental

responsibility by any of the following: 

10 After its amendment by 2023 La. Acts No. 271, § 1 ( eff. June 9, 2023), this ground is now set

forth in La. Ch. Code art. 1015( 4)( b). 

0
b) As ofthe time the petition is filed, the parent has failed

to provide significant contributions to the child[ren]' s care

and support for any period of six consecutive months. 

To prove abandonment on the basis of failing to provide significant

contributions to the children' s care and support, DCFS need not prove that the parent

voluntarily placed the children in state custody. State ex rel. A.T.W., 2009- 2274

La. App. Pt Cir. 3126110), 2010 WL 1170262, * 2 ( unpublished). Rather, 

abandonment may be proven by establishing that the parent left the children under

circumstances demonstrating an intention to permanently avoid parental

responsibility by failing to provide significant contributions to the children' s care

and support for any consecutive six-month period. Id. 

Although termination of parental rights requires a two -prong inquiry, we find

it unnecessary in this case to address the first prong, regarding the statutory grounds

for termination under La. Ch. Code art. 1015( 5)( b), given our finding on the second

prong. See, e.g., State in Int. of T.M.P., 2013- 1006 ( La. App. 4" Cir. 10123113), 

126 So. 3d 741, 756- 57. We agree that DCFS proved a statutory ground for

terminating R.B.' s parental rights under La. Ch. Code art. 1015( 5)( b) for

abandonment on the basis of failing to provide significant contributions to the

children' s care and support for any period of six consecutive months by clear and

convincing evidence. However, proof of a statutory ground for termination of

parental rights under La. Ch. Code art. 1015 does not give rise to a presumption that

termination is in the child' s best interests. State in Int. of T.M.P., 126 So.3d at 757- 

58. On the second prong, we find manifest error in the city court' s factual finding

that terminating R.B.' s parental rights at this juncture is in the children' s best

interests. 

After the statutory ground for termination under La. Ch. Code art. 1015 is

found, the court must determine whether termination is in the child' s best interests. 

State in Int. of C.A.C., 2011- 1315 ( La. App. 4th Cir. 211112), 85 So.3d 142, 147, 

10
writ denied, 2012-0388 (La. 317112), 83 So -3d 1048. The law poses the best interest

determination as a separate consideration and envisions examination of any special

conditions or exceptional circumstances that may exist. State in Interest of D.G. v. 

Danny G., 30, 196 ( La. App. 2nd Cir. 10129/ 97), 702 So. 2d 43, 45. In this matter, the

record before us contains facts that support a finding that the city court manifestly

erred on the best interest determination. 

Based on the record before us, we cannot reasonably conclude from the facts

presented therein that R.B. has ever demonstrated an intention to permanently avoid

parental responsibility. See State ex rel. A.T.W., 2010 WL 1170262 at * 2. It is clear

that at the time the case plan was first presented to him in April 2021, R.B. was

indigent and could not afford to pay the $ 100 monthly contribution or make

significant, measurable progress" towards his case plan due to his drug addiction

and incarceration. 

The record shows that R.B. has made progress, albeit only since July 2022, in

completing the requirements of his case plan. Recent compliance with a case plan

can support a finding that it is in the best interests of the children not to terminate a

parent' s rights. See State ex rel. A.C.H., 2002- 1014 ( La. App. 3rd Cir, 2/ 12/ 03), 846

So.2d 791, 796-97, writ denied, 2003- 0566 (La. 3114/ 03), 839 So.2d 50. Indeed, Ms. 

Cascio, the DCFS caseworker, testified that since July 2022, R.B. has been in

compliance with his case plan. R.B. regularly visits his children in accordance with

the case plan and foster care guidelines. During these visits, R.B. has provided the

children with snacks and gifts, including balls, sidewalk chalk, and a learning tablet. 

Ms. Cascio testified that R.B.' s children were always excited to see him, hug him, 

and play with him during visits. Ms. Green, the CASA worker, testified that R.B. 

loves his children dearly[,] and he' s doing a wonderful job[.]" 

There is no dispute that R.B. has shown a willingness by his behavior to

overcome his substance abuse problems, in compliance with his case plan. R.B. is

11
now sober, having completed a residential detox treatment program and currently

living in a church -based sober living program, where he successfully completed an

intensive outpatient addiction treatment program. R.B. testified that he intends to

complete a year-long stay at his sober living program and continue making progress

toward his sobriety. 

R.B. is also currently employed through his sober living program, with the

option for future employment with other employers. R.B. indicated that after he

completed his sober living program, the money he has made from working could be

used as a " down payment" on a residence. R.B. further testified that he now had a

bank account and could make all back -payments for the financial contributions

required under the case plan for his children' s care and support. 

Louisiana Children' s Code article 1015( 5) does not impose a strict timeframe

with regards to " significant improvement in the parent' s condition or conduct," nor

do alleged violations ofArticle 1015 create presumptions in favor ofthe State. State

ex rel. S.L.W., 2006- 1560 (La. App. 4" Cir. 4118107), 958 So.2d 53, 57, writ denied, 

2007- 0933 ( La. 611107), 957 So.2d 183. Rather, the focus of an involuntary

termination proceeding is not whether the parent should be deprived of custody, but

whether it would be in the best interest of the child for all legal relations with the

parent to be terminated. La. Ch. Code art. 1001. Thus, the fundamental purpose of

involuntary termination proceedings is to provide the greatest possible protection to

a child whose parent is unwilling or unable to provide adequate care for his physical, 

emotional, and mental health needs and adequate rearing by providing an

expeditious judicial process for the termination of all parental rights and

responsibilities and to achieve permanency and stability for the child. See State ex

rel. S. L.W., 958 So.2d at 57- 58. But, because the permanent termination ofthe legal

relationship existing between natural parents and the child is one ofthe most drastic

12
actions the State can take against its citizens, the courts must proceed with extreme

care and caution. State ex rel. J.A., 99-2905 ( La. 1112100), 752 So.2d 806, 811. 

R.B. no longer has any obstacles such as incarceration, substance abuse, or

unemployment that would hinder his compliance with his case plan, or prevent the

formulation of additional case plans to give him added time to comply. R.B.' s

current compliance with his case plan furthers the goal of reunification with his

children and does not result in the children remaining in the State' s custody for an

indefinite period of time. R.B.' s recent behavior shows a reasonable expectation of

significant improvement in his condition in the near future. While the prolonged

proceedings in this case are problematic, terminating R.B.' s parental rights and

certifying the children for adoption at this time is not in the children' s best interests. 

After a careful review of the record, we find that the city court was manifestly

erroneous in granting DCFS' s termination petition as to R.B. at this time. See e.g., 

State in Int. of M.W., 23- 4 ( La. App. 5" Cir. 5123123), 366 So.3d 769, 775 ( The

trial court' s finding that termination of the father' s parental rights was not in the

child' s best interest was not manifestly erroneous, even though at the time of trial, 

the child had been in the custody of DCFS for 22 months, and the father had not

made any substantial progress toward completion of his case plans. The father had

shown an interest in being a part of child' s life and had visited child.); State ex rel. 

A.C.H., 846 So.2d at 798 ( Termination of a mother' s parental rights was not in the

best interest of her children. Even though she failed to comply with her case plan in

the past, her recent behavior indicated reasonable expectation of improvement; the

supervisor at the shelter in which the mother was living testified that she believed

the mother had a sincere desire and willingness to change, and the mother had begun

to comply with case plan six weeks prior to trial.); State ex rel. A.T., 2006-0501

La. 7/ 6/ 06), 936 So.2d 79, 86 ( Although the mother initially failed to pay her

support obligation for eleven months, thereafter, she maintained a steady stream of

13
jobs and paid child support through garnishments of $66 per month per child. The

mother attended all visitations with the children except one, passed all drug screens, 

and attended a spousal abuse program.). 

DECREE

Based on the foregoing, we vacate the portions ofthe city court' s January 12, 

2023 judgment that terminated the parental rights of R.B. and certified his minor

children, A.B. and E.B., for adoption. We remand this matter for all necessary

proceedings consistent with this opinion. All costs of this appeal, in the amount of

37$. 00, are assessed to the Louisiana Department of Children and Family Services

DCFS"). 

VACATED; REMANDED. 

14
STATE OF LOUISIANA STATE OF LOUISIANA

IN THE INTEREST OF

A.B. AND E.B. 

COURT OF APPEAL

FIRST CIRCUIT

2023 CJ 0655

Holdridge, J., assigning additional reasons. 

I agree with the majority opinion. I write further to acknowledge that the

current procedures in the Louisiana Children' s Code and the court of appeal rules

did not protect the best interest of the minor children in this case. A judgment was

rendered on January 12, 2023, terminating R.B.' s parental rights. Over a year later, 

this court is rendering its opinion. At oral argument, this court was informed that

the facts of this case have changed. According to counsel for the Department of

Children and Family Services, the children are in the physical custody of R.B.' s

mother. The Department of Children and Family Services would like to do a

guardianship arrangement under La. Ch.C. arts. 718, et seq. with R.B.' s mother and

to close its file in this case. In reality, the appellate delay is the only obstacle to this

child in need of care case being closed in the best interest of the minor children. 

Furthermore, this court is having to draft an opinion based on facts that no longer

exist. Both the legislature and this court should enact laws and rules to ensure that

appeals of child in need of care cases are completed within thirty days' and that the

court is promptly notified of any changes involving the children, the parents, or their

placement.' Appeals should not be a barrier from protecting the best interests of

minor children in child in need of care cases. 

1 For example, the legislature has expedited appeals in election suits in the interest ofthe electorate. 

See La. R.S. 18: 1409. 

2 The Louisiana Children' s Code provides in several articles in the Child in Need of Care title

Title VI) that any persons directly affected may appeal the findings or orders of the court with

case review hearings and permanency hearings. La. Ch.C. arts. 700, 710( D). Because parties are

advised to appeal unfavorable findings or orders, they are subject to Louisiana Code of Civil

Procedure articles and appellate court rules. See La. C. C.P. arts. 2081- 2168; Uniform Rules — 
Courts of Appeal, Rules 5- 1- 5- 3; Local Rules of the Court of Appeal, First Circuit, Rule 9. 

However, as is demonstrated in this case, even with this court' s compliance with the rules

providing for expeditious treatment of child in need of care cases, the inherent delays result in

untimely decisions.