State in the Interest of R.H.
CourtLouisiana Court of Appeal
Date FiledOctober 26, 2026
Docket26-C-492
JudgeJennifer G. Womble
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
__________
No. 26-C-492
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STATE IN THE INTEREST OF R.H.
ON APPLICATION FOR SUPERVISORY REVIEW FROM THE JEFFERSON PARISH JUVENILE
COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 26-TP-13, DIVISION "A"
HONORABLE JENNIFER G. WOMBLE, JUDGE PRESIDING
October 26, 2026
JUDE G. GRAVOIS
JUDGE
Panel composed of Judges Jude G. Gravois,
Stephen J. Windhorst, and John J. Molaison, Jr.
WRIT DENIED
JGG
SJW
JJM
COUNSEL FOR PLAINTIFF/RELATOR,
STATE OF LOUISIANA, DEPARTMENT OF CHILDREN AND
FAMILY SERVICES
Katherine M. Dowling
COUNSEL FOR DEFENDANT/RESPONDENT,
KENDRA GALLO
Elizabeth G. Lincoln
GRAVOIS, J.
In this termination of parental rights proceeding, relator, the State
of Louisiana, Department of Children and Family Services (“DCFS”),
seeks this Court’s supervisory review of a ruling of the Juvenile Court
for the Parish of Jefferson, No. 2026-TP-13, dated September 29, 2026.
Therein, the court held that DCFS’s evidence of a judgment in a
previous termination of parental rights proceeding relative to R.H.’s
siblings, rendered in Washington Parish, was insufficient to prove by
clear and convincing evidence the second required prong of La. Ch.C.
art. 1015(3)(k) in order to terminate parental rights to R.H. in this case.
Pertinent to this matter, La. Ch.C. art. 1015(3)(k) provides:
The grounds for termination of parental rights are: …
(3) Misconduct of the parent toward this child or any
other child of the parent or any other child which
constitutes extreme abuse, cruel and inhuman
treatment, or grossly negligent behavior below a
reasonable standard of human decency, including
but not limited to the conviction, commission,
aiding or abetting, attempting, conspiring, or
soliciting to commit any of the following: …
(k) The parent’s parental rights to one or more of
the child’s siblings have been terminated due to
neglect or abuse, prior attempts to rehabilitate
the parent have been unsuccessful, and the court
has determined pursuant to Article 672.1 that
current attempts to reunite the family are not
required.
(Emphasis added.)
The Juvenile Court judge framed the issue as a question of “what
is necessary to meet the requirement of the second prong of Louisiana
Children’s Code Article 1015(3)(k).” Specifically, the court ruled that
the State’s evidence of the previous termination of parental rights to the
siblings of R.H., a case which occurred in Washington Parish, by itself,
was not sufficient to prove the second prong of La. Ch.C. art.
1015(3)(k) in this case by clear and convincing evidence.
Termination of parental rights is a severe and permanent action
which must be scrutinized very carefully. State ex rel. T.M.H., 99-433
26-C-492 1
(La. App. 5 Cir. 11/30/99), 748 So.2d 1216, 1219. The State must
prove a case for termination of the natural parents’ rights by clear and
convincing evidence. Id., La. Ch.C. art. 1035. Under the “clear and
convincing” standard, the existence of the disputed fact must be highly
probable or much more probable than its nonexistence. State in Int. of
M.W., 23-4 (La. App. 5 Cir. 5/23/23), 366 So.3d 769, 774, citing State
in Interest of H.M.R., 22-176 (La. App. 5 Cir. 1/11/23), 356 So.3d 1179,
1183. Whether the State has carried its clear and convincing burden on
a ground for termination is a question of fact, and the juvenile court’s
factual determinations will not be set aside absent manifest error. State
in Interest of E.O., 18-803 (La. App. 3 Cir. 2/20/19), 265 So.3d 76, 80;
State ex rel. K.G., 02-2886 (La. 3/18/03), 841 So.2d 759. A trial court’s
rulings on the admissibility of evidence, by contrast, are reviewed for
abuse of discretion. E.O., 265 So.3d at 83.
DCFS argues herein that the previous termination judgment from
Washington Parish, which was based in part on the grounds in La.
Ch.C. art. 1015(5), conclusively proves the second necessary prong of
La. Ch.C. art. 1015(3)(k) by clear and convincing evidence that “prior
attempts to rehabilitate the parent have been unsuccessful,” and that
principles of res judicata and limited appellate review barred the
juvenile court from requiring additional evidence.
In the contested ruling, the juvenile judge stated:
Based on the circumstances of this particular case
wherein the prior termination of parental rights case
(along with the underlining Child in Need of Care case
relative to that termination) was not heard by this Court
but was in fact heard and granted by another court
(Washington Parish), the termination judgment alone is
not sufficient on its face to prove the second prong of
“prior attempts to rehabilitate have been unsuccessful”
by clear and convincing evidence. The legislature
wrote this as a mandatory prong separate from the
granting of the termination of parental rights which is
the first prong. The Court does not wish to relitigate
the facts of the other case, nor is it saying the of [sic]
Washington Parish judgment of termination was made
in error. However, the Court cannot assume facts of a
case which was never in front of her.
26-C-492 2
Therefore, the Department of Children and Family
Services must provide evidence to meet its burden
of proof of all three prongs of Louisiana Children’s
Code article 1015(3)(k), and the court needs to make
a finding of fact as to whether the second prong of
Louisiana Children’s Code Article 1015(3)(k) was
met.
Article 1015(3)(k) requires proof of three prongs: (1) the parent’s
rights to one or more of the child’s siblings were terminated due to
neglect or abuse; (2) prior attempts to rehabilitate the parent have been
unsuccessful; and (3) the court has determined, pursuant to Article
672.1, that current attempts to reunite the family are not required. State
in Interest of G.K., 24-0163 (La. App. 4 Cir. 6/26/24), 399 So.3d 433,
438–39. The first and third prongs are satisfied and uncontested here:
the Washington Parish judgment terminating the parents’ rights to
R.H.’s siblings is final, and this Court granted DCFS’s motion under
Article 672.1, documented by written findings of fact as that article
requires. See La. Ch.C. art. 672.1(D). Only the second prong—
whether prior attempts to rehabilitate the parent have been
unsuccessful—is in dispute.
The second prong is a distinct element that DCFS must prove by
clear and convincing evidence; the prior sibling-termination judgment,
standing alone, does not establish it. State ex rel. E.R., 11-0065 (La.
App. 3 Cir. 5/4/11), 63 So.3d 1152, 1163–64 (proof that the parent’s
rights to another child were previously terminated “in and of itself, is
insufficient to prove that termination is proper under Article
1015(3)(k)”); State v. F.Y., 05-920 (La. App. 3 Cir. 3/1/06), 924 So.2d
1164, 1173. The prong is proven through the record of the prior
proceeding or testimony describing the services offered and the
parent’s failure to rehabilitate. See G.K., 399 So.3d at 439 (juvenile
court took judicial notice of the consolidated prior-case record); State
in Interest of L.J., 23-1357 (La. App. 1 Cir. 12/26/24), 404 So.3d 956,
964 (caseworker testimony that prior rehabilitative services were
unsuccessful).
DCFS’s contention that a judgment under Article 1015(5)
necessarily proves the second prong is not persuasive. Termination
26-C-492 3
under Article 1015(5) does carry a reasonable-efforts predicate. See
State ex rel. A.T., 06-0501 (La. 7/6/06), 936 So.2d 79, 84–85. But that
does not make the prior judgment self-proving under Article
1015(3)(k). The two grounds are distinct: Article 1015(5) addresses the
parent’s non-compliance with a case plan, while the second prong of
Article 1015(3)(k) requires proof that efforts to rehabilitate the parent
were unsuccessful. F.Y., 924 So.2d at 1173. The Washington Parish
judgment, moreover, rested on both Article 1015(4) and Article
1015(5), and Article 1015(4) carries no reasonable-efforts predicate, so
the bare judgment does not establish that the prior termination turned
on a rehabilitation-efforts finding.
Nor does res judicata relieve DCFS of its burden on the second
prong. Issue preclusion under La. R.S. 13:4231 applies only between
the same parties and is “strictly limited to narrowly defined
circumstances.” Foley v. Entergy La., Inc., 06-0983 (La. 11/29/06),
946 So.2d 144, 157 n.4. R.H. was not a party to the Washington Parish
proceeding concerning her siblings, and Louisiana courts have declined
to give a prior child-welfare judgment preclusive effect in a later
termination proceeding. G.K., 399 So.3d at 440 (res judicata “does not
apply in this instance involving the separate issue of the termination of
parental rights”); State in Interest of P.D.J., 51,027 (La. App. 2 Cir.
8/10/16), 200 So.3d 916. Treating the prior judgment as conclusive
would also render the second prong of Article 1015(3)(k) surplusage.
Here, DCFS offered only the certified Washington Parish
judgment; it did not introduce the record of the prior proceeding or
testimony describing the services offered to the parent and her failure
to rehabilitate. On that showing, the juvenile court did not err in finding
the second prong unproven. The First Circuit reached the same
conclusion on materially identical facts in State in Interest of Z.R., 26-
0215 (La. App. 1 Cir. 9/24/26), holding that a prior sibling-termination
judgment “opened the door” but did not itself prove unsuccessful
rehabilitation. Z.R. is not yet final, and we cite it only as persuasive
authority.
26-C-492 4
In this case, the juvenile court carefully limited its ruling to the
particular facts and circumstances of this case. This holding is not a
position that a court cannot or will never accept a final termination
judgment (based on Article 1015(5)) as proof by clear and convincing
evidence of the second prong of Article 1015(3)(k).
Termination of parental rights demands that the State prove its
case by clear and convincing evidence. On the showing made in this
case, we cannot say that the juvenile court was manifestly erroneous or
clearly wrong in ruling that the Washington Parish termination
judgment, in and of itself, was insufficient to prove the second prong of
Article 1015(3)(k) by clear and convincing evidence. Accordingly, the
writ application is denied.
WRIT DENIED
26-C-492 5
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
OCTOBER 26, 2026 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
26-C-492
E-NOTIFIED
JUVENILE COURT (CLERK)
HONORABLE JENNIFER G. WOMBLE (DISTRICT JUDGE)
KATHERINE M. DOWLING (RELATOR) ELIZABETH G. LINCOLN (RESPONDENT) WILLIAM B. GORDON, III
MARCELINE BLEICH (RESPONDENT) (RESPONDENT)
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