State ex rel. K.C.C.

Summary

The Louisiana Supreme Court considered whether private counsel for custodians could petition to terminate parental rights with leave and special appointment from the juvenile court under Louisiana Children’s Code article 1004(F). The court held that the legislature authorized juvenile courts to designate private counsel to initiate termination proceedings based on abandonment, and that any defect in the custodians’ original filing was cured by the court’s subsequent designation of their counsel. The court therefore upheld the juvenile court’s overruling of the biological parents’ exception of no right of action.

Holdings

1. A juvenile court may, by special appointment in a particular case, authorize private counsel to petition for termination of parental rights on the ground of abandonment under La. Ch. Code art. 1004(F).
2. Although the custodians themselves were not authorized to bring the action under article 1004(F), the defect was cured when their counsel moved for special appointment and the juvenile court granted that request; therefore, the juvenile court properly overruled the exception of no right of action.

Questions Presented

1. Whether private counsel for prospective adoptive custodians may be specially appointed by a juvenile court to petition for involuntary termination of parental rights based on abandonment under La. Ch. Code art. 1004(F).
2. Whether the juvenile court properly overruled the biological parents' exception of no right of action after granting private counsel leave to file the termination petition.

Disposition

reversed_and_remanded