In the case, State in interest of C.A.C., the courts reversed the decision to terminate John C.’s parental rights for abandoning his child by not paying child support for six months.
In 2007, C.A.C. (daughter) was born. She was cared for by both of her parents for ten months. The two parents were not married. John C., her father, acknowledged that he was addicted to heroin and was arrested in 2008 with federal charges of possession of heroin and assault. He was sentenced to be incarcerated for thirty-six months. John C. was moved from a Louisiana state prison to and out of state prison during his thirty-six month sentence. In January of 2011, John C. was released from Federal prison and moved to a half-way house in New Orleans. In March of 2011, he moved in with his father and was on federal probation.
On January 26, 2010 DCFS was granted custody of C.A.C. after receiving three complaints regarding neglect from the mother’s drug abuse and John C.’s absence from being incarcerated. C.A.C. was placed in foster care with her paternal aunt and uncle. The child’s mother gave up her parental rights.
In this case the state must prove by clear and convincing evidence the existence of at least one of eight statutory grounds for termination. Secondly, after the grounds for termination are found, the trial court must determine whether the termination is in the child’s best interest.
There was evidence found that John C. saw his child every week while he was incarcerated in Louisiana. When he was transferred out of state he called his child every week and sent her cards. John C. wrote to the trial judge trying to get permission for the child to see him. When he was released from prison, John C. immediately called his case manager to find out what he needed to do to see his daughter.
The court’s found that there was insufficient evidence to establish that John C. abandoned his child by not providing support for six months. He did not get notice that his daughter was placed into foster care until he received statutory notice and a copy of his case plan while he was incarcerated. John C. was not provided a copy of his case plan ordering him to pay $25 a month in child support until September of 2010, less than six months before the filing of the termination petition.
Because of the evidence that John C. was keeping in contact with C.A.C., and the lack of evidence that he was not abandoning his child, Louisiana Appeals Court reversed the decision.
State in Interest of C.A.C. So. 3d, 2012 WL 293277. La. App. 4 Cir., February 1, 2012.
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