In Re: Agency Adoption of D.R.O. and D.A.O. ( 2020 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IN RE: AGENCY ADOPTION OF NO. 2020 CW 0215 D. R. O. AND D. A. O. FEBRUARY 28, 2020 In Re: T. L. H., applying for 21st Judicial supervisory writs, District Court, Parish of Livingston, No. 165633. BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ. STAY DENIED; WRIT GRANTED. The portion of the trial court' s February 13, 2020 judgment which denied the motion for intervention filed by relator, T. L. H., is reversed. Res judicata is inapplicable herein to preclude the granting of the motion for intervention. Moreover, La. Ch. Code art. 1209 allows an intervention in an agency adoption proceeding by persons having a substantial caretaking relationship with the child for one year or longer. Pursuant to the motion to intervene filed by relator, T. L. H., she was the primary custodian of the children for more than one year, and accordingly, should be allowed the right to intervene in this proceeding. Accordingly, relator, T. L. H., is granted leave to intervene in this proceeding. VGW JMG WJB COURT OF APPEAL, FIRST CIRCUIT Rt L p DEPUTY C ERK OF COURT FOR THE COURT 1Judge1Judge WilliamWilliam J.J. Burris,Burris, retired,retired, servingserving propro temporetempore byby specialspecial appointmentappointment ofof thethe Louisiana Louisiana SupremeSupreme Court.Court.