Opinion

State ex rel. B.J.

  • 767 So. 2d 869
  • 2000 La. App. LEXIS 1878
  • 2000 WL 1060409
Court
Louisiana Court of Appeal
Filed
Jul 27, 2000
Status
Published
Author
Whipple
On the bench
Foil, Guidry, Whipple
Cited by
6 cases

The opinion

11WHIPPLE, J.,

concurring.

In the absence of the crucial medical record exhibits and documentation, I agree that the result reached by the majority is warranted, considering the evidence of the record herein. However, in my view, the portion of the judgment terminating appellant’s parental rights herein should be vacated and the matter remanded with instructions to the trial court to complete the record and, if necessary, to allow the state to present the necessary documentation and evidence establishing appellant’s mental condition and capacity.

Moreover, because we are basing our decision herein in part on the record deficiencies, as well as the staleness and insufficiency of the mental health evaluation of appellant, our action this date should not be construed to mean that the state is preempted from initiating termination proceedings as may be warranted and legally supportable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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