State of Louisiana in the Interest of D.O. and D.O. ( 2019 )


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  •                                STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    STATE OF LOUISIANA IN THE                                                                NO.        2019 CW        1535
    INTEREST           OF D. Q.      AND       D. O.
    In    Re:           T. H.,                          for
    applying                   supervisory             writs,           21st        Judicial
    District              Court,     Parish        of        Livingston,                 No.     03- JUV-
    09885.
    BEFORE:            MCDONALD,              THERIOT,    AND    CHUTZ,          JJ.
    WRIT GRANTED AND REMANDED WITH ORDER.                                      Although the                 decision
    to allow an interested party to intervene in the case and become
    involved is
    a    child
    in proceedings to facilitate the permanent placement of
    discretionary              with    the     court,         the       best        interest      of
    the child must be paramount in the court' s decision for purposes
    of both
    adoption          and        custody.        State       in     Interest             of    B.    L.,   18-
    389,    
    2018 WL 3581517
     (       La. App.        5th    Cir.       7/ 25/ 18).               We    find   the
    juvenile           court        erred         in    denying        relator'        s     motions           without        a
    hearing or any consideration of                              what       is    in       the   best         interest     of
    the     minor        children.                The    matter        is    remanded              to    the        juvenile
    court        for     a
    hearing           on,     and    full     consideration                   of,        relator' s
    Motion        to    Enroll           as    Counsel,        for     Custody         and/ or          for        Permanent
    Placement           and,        to        Intervene        and     relator' s            Urgent           Motion      for
    Continuing Contact,                       to Continue Visitation While Other Decisions
    Pending.
    JMM
    MRT
    WRC
    COURT       OF APPEAL,          FIRST       CIRCUIT
    TYCLF COURT
    FOR     THE     COURT
    

Document Info

Docket Number: 2019CW1535

Filed Date: 11/21/2019

Precedential Status: Precedential

Modified Date: 10/22/2024