Taylor v. Miss. Dep't of Child Prot. Servs.
| Decision Date | 14 June 2022 |
| Docket Number | 2020-CA-01194-COA |
| Citation | 341 So.3d 1014 |
| Parties | In the Interest of KEVIN, a Minor: Shayla Taylor, Appellant v. MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES, Appellee |
| Court | Mississippi Court of Appeals |
ATTORNEY FOR APPELLANT: CHARLES E. LAWRENCE JR., Jackson
ATTORNEY FOR APPELLEE: JOSEPH PARKER, Purvis
BEFORE CARLTON, P.J., LAWRENCE AND McCARTY, JJ.
LAWRENCE, J., FOR THE COURT:
¶1. Shayla Taylor appeals the Lamar County Youth Court's decision to award durable legal custody of her son Kevin1 to his paternal grandparents. Specifically, she claims that the youth court failed to comply with certain statutory requirements for an adjudication hearing and that the youth court erroneously bypassed reunification. Finding no reversible error, we affirm the youth court's judgment.
FACTS
¶2. Taylor had two children at the time of this appeal—Kevin, born in 2015, and John, born in 2020. On March 17, 2020, Taylor got into an argument with John's father, Jakahius Clark, who was living in Texas at the time. After their argument, Taylor sent Clark a video of her "brushing" a butcher knife against John's leg.2 At the time of this incident, Kevin was four years old, and John was two months old. Clark immediately booked a flight to Mississippi to retrieve his son, John. According to Clark, when he arrived, he showed the video to Taylor's parents, and they said they would take Taylor to the hospital to be admitted. Taylor was reportedly "laughing the whole time" during Clark's conversation with her parents. The following day, Clark reported the incident to the Mississippi Department of Child Protection Services (CPS) and informed CPS that Taylor had previously sent him messages threatening to kill herself and their son. CPS removed John from Taylor's home based on Clark's report.3
¶3. On March 19, 2020, the youth court held a shelter hearing regarding John, who was alleged to be an "abused child" under Mississippi Code Annotated section 43-21-105(m) (Supp. 2019).4 At John's shelter hearing on March 19, 2020, CPS learned of Taylor's other child Kevin, who was still in the home. CPS took Kevin into custody on March 25, 2020. The youth court held Kevin's shelter hearing the following day. At the hearing, CPS informed the court that it had placed Kevin with his paternal grandparents, Shawn Hosey and Stephanie Hosey, and that the Hoseys had agreed to be a licensed resource home. Taylor's attorney informed the court that Taylor was currently in an inpatient mental-health facility. When the court asked the guardian ad litem (GAL)5 her opinion on whether an emergency custody order was appropriate, she responded,
¶4. On March 30, 2020, the court issued an emergency custody order removing physical and legal custody from Taylor and Robert Pittman, Kevin's father.6 The order acknowledged that Kevin was alleged to be an abused child under Mississippi Code Annotated section 43-21-105(m). In removing custody, the court reasoned that keeping Kevin in Taylor's home "would be contrary to [his] welfare" because "the home environment or the people [in his home] pose an immediate danger." That same day, the court also issued a shelter order stating that Kevin was removed from the home because he was "endangered" or "would be endangered." The court further found that good and sufficient cause existed for CPS to retain custody of Kevin. Finally, the court ordered that reasonable efforts be made toward reunification of Kevin with his family.
¶5. On April 1, 2020, Lamar County filed a petition alleging that Kevin was an emotionally abused child for purposes of section 43-21-105(m) of Mississippi's Youth Court Law. See Miss. Code Ann. § 43-21-101 (Rev. 2015). As a result, the County requested that the youth court hold a hearing to determine Kevin's best interest and welfare. On May 5, 2020, the youth court held an adjudication hearing for both children. Taylor and Clark, John's father, and their attorneys were present. After informing both parents of their right to contest adjudication, both parents informed the court they were not contesting adjudication of either child. Based on the "lack of contest," the youth court adjudicated both children as abused within the meaning of the Youth Court Law and issued an order to that effect.
¶6. That same day, the court held a disposition hearing for both children. CPS informed the court that Kevin was doing well in his placement home with his paternal grandparents. According to CPS, Taylor reported that she received treatment in a mental health facility for twelve days after the incident in March 2020. At the time of the disposition hearing, Taylor was reportedly "maintaining" her mental health treatment at another facility and taking prescribed medications for depression. CPS also reported that Taylor was being financially supported by her mother while attending nursing school. Based on Taylor's progress, CPS requested that Taylor be allowed supervised visitation with both children.7 Ultimately, CPS recommended a permanent plan of reunification between Kevin and his mother. When the court asked the GAL her opinion on reunification, she responded, The court acknowledged the GAL's concerns and noted that "the law ... requires this Court to bypass reasonable efforts to reunite a parent that has subjected a child to abuse or torture." At the close of the hearing, the court stated that it had "considered all the evidence and relevant factors." Ultimately, the court elected to bypass reunification between Taylor and both of her children. The court also ordered a permanent plan of durable legal custody for Kevin. Taylor's attorney objected to the court's decision, arguing that Taylor had sought mental health treatment immediately following the incident; counsel further indicated that Taylor may have suffered from postpartum depression
. Taylor's attorney also argued that "this was an isolated incident based on a health concern she had." The court noted the objection and stated, "If I have additional information from an expert or somebody down the road that suggests ... Taylor does not pose a threat of harm to [Kevin], I may reconsider the permanency plan." On May 14, 2020, the court entered a disposition order consistent with its bench ruling.
¶7. On June 15, 2020, the court entered an order of placement, granting Stephanie Hosey, Kevin's paternal grandmother, "physical placement." On June 23, 2020, the court held a permanency hearing for both children to determine if any changes needed to be made. CPS informed the court that Kevin was still living with Hosey and that Hosey had agreed to accept durable legal custody of Kevin. CPS reported that Kevin had a close bond with her. Additionally, CPS informed the court that Taylor had been participating in visitation with both children through video conferences. Taylor's attorney again requested that the court reconsider its decision to bypass reunification, and the court noted the request. At the close of the hearing, the judge stated that it gave him "no pleasure to remove a child from its mother, but this is one of those cases where I have to do what I think is best for the children and keep them safe and to remove any potential threats for their safety." The court recognized that Kevin had a "strong bond" with his paternal grandmother and that remaining with her was "a safe alternative" and in Kevin's best interest. Thus, the court ruled to keep the current permanency plan in place. Following the hearing, the court entered a permanency order, which ordered CPS to finalize a durable legal custody or legal guardianship permanency plan for Kevin. The court also stated it would conduct a status hearing in ninety days.
¶8. On September 22, 2020, the court held another permanency hearing. CPS informed the court that Kevin was still living with his paternal grandparents and was up to date on all his medical needs. CPS reported that Kevin had started daycare on August 17, 2020. Additionally, CPS stated that "there is no concern or safety concerns with either child." On June 30, 2020, Taylor informed CPS that she wanted to "postpone the visits with her kids until further notice." According to CPS, CPS asked Taylor if she was "sure" about her decision, and she stated that she "was positive." When the court asked why, CPS responded, At the close of the hearing, CPS and the GAL recommended that the court grant Kevin's paternal grandparents durable legal custody of Kevin. On September 25, 2020, the youth court entered an order awarding Kevin's paternal grandparents durable legal custody. Taylor appealed.
STANDARD OF REVIEW
¶9. Our standard of review in youth court cases is limited. In re D.K.L. , 652 So. 2d 184, 189 (Miss. 1995). The youth court judge sits as the trier of fact. Id. When challenging a youth court's adjudicatory or dispositional order regarding sufficiency of the evidence, the standard of review is a preponderance of the evidence. In re C.R. , 604 So. 2d 1079, 1083 (Miss. 1992). In addition, the appellate court "considers all the evidence before the youth court in the light most favorable to the State." Id . S.M.K.S. v. Youth Ct. of Union Cnty ., 155 So. 3d 876, 878-89 (¶8) (Miss. Ct. App. 2014) (quoting In re L.C.A. , 938 So. 2d 300, 303 (¶6) (Miss. Ct. App. 2006) ).
ANALYSIS
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