State of Louisiana in the Interest of N.G.

Summary

The Louisiana Fourth Circuit Court of Appeal affirmed a juvenile court judgment terminating Nickolas Stackpoole’s parental rights to N.G. under La. Ch.C. art. 1015(5). The court held that the parent was aware of the court-approved case plan, failed to substantially comply with it, and could not rely on the incarcerated-parent provisions of La. Ch.C. art. 1036.2 to challenge termination under a different statutory ground.

Holdings

1. The juvenile court properly terminated Stackpoole's parental rights under article 1015(5) because the record established that a case plan had been filed and approved by the court, Stackpoole knew the plan's requirements, he failed to complete any portion of it, N.G. had been in DCFS custody for more than one year, and the statutory requirements were proven by clear and convincing evidence.
2. Article 1036.2 did not require reversal because it concerns an incarcerated parent's obligation to provide a reasonable plan for the child's care other than foster care and relates to potential termination under article 1015(6), whereas Stackpoole's parental rights were terminated under article 1015(5) for failure to comply with a case plan.

Questions Presented

1. Whether the juvenile court properly found grounds for termination under Louisiana Children's Code article 1015(5) when Stackpoole challenged proof that he received a court-filed and court-approved case plan and challenged the finding of substantial noncompliance.
2. Whether termination of Stackpoole's parental rights was improper because DCFS allegedly failed to comply with the notice and assessment requirements of Louisiana Children's Code article 1036.2 before calculating statutory time or seeking termination.

Disposition

affirmed