Legal Opinion · Concurrence

State ex rel. A.V.

Supreme Court of Louisiana

Decided February 27, 2015No. 2014-CJ-2489Published

1Concurrence

HUGHES, J.,

additionally concurs and assigns reasons.

hi concur with the result reached by the majority. I write additionally to point out that the State bears the burden of proof when it seeks to terminate parental rights, in order to address footnote 5 of the appellate opinion (stating, “In the instant matter, the trial court erroneously placed the burden on the state to prove that termination of parental rights was in the children’s best interests and therefore erroneously found that the state did not meet its burden.”).

In this case, the suit was filed under LSA-Ch.C. art. 1004.1, and the…

2Cases cited3 opinions

  1. State ex rel. J.A.Supreme Court of Louisiana · 2000
  2. State in the Interest of S.M.W.Supreme Court of Louisiana · 2001
  3. State ex rel. J.T.Louisiana Court of Appeal · 2003

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