State of Louisiana in the Interest of H.M.D. and J.J.W.

Summary

The Louisiana Supreme Court held that the five-day service requirement under Louisiana Children's Code article 1021 applies to the initial answer hearing in a termination-of-parental-rights proceeding, not to later trial notices. The court granted review, vacated the court of appeal's judgment, and remanded for consideration of the parent's remaining assignments of error.

Holdings

1. Article 1021's requirement that service of citation be made not less than five days before the hearing applies to the initial answer hearing at which the parent answers the termination petition and the trial date is set; it does not require subsequent notices to comply with the same five-day service requirement.
2. The juvenile court did not abuse its discretion by denying J.D.'s request for a continuance.

Questions Presented

1. Whether Louisiana Children's Code article 1021 requires service of citation at least five days before every hearing in a termination-of-parental-rights proceeding, including the trial.
2. Whether the juvenile court abused its discretion by denying J.D.'s motion for a continuance after she received notice of the trial two days before it began.

Disposition

writ_granted