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← 979 SO2D 663 - In re T.E.R.

In re T.E.R.’s Empirical Analysis

2008

Citation profile

2
cited by 2 later decisions
1
states following
January 2016
most recently cited

2 state decisions

Relationships

Relies on 976 So. 2d 109 - State v. Lee · 841 So. 2d 759 - State in Interest of Kg · 785 So. 2d 857 - State ex rel. D.M. · 886 So. 2d 1217 - Mouret v. Godeaux · S.J.G. v. A.A.G.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “We recognize that the language in La. Ch.C. art. 1004(F) permitting appointment of private counsel to bring termination actions based upon abandonment does not prohibit the appointment of one of the [parents’] counsel to seek termination of the other parent’s parental rights. Neither does it authorize such an appointment. [[Image here]] We observe that permitting a mother to seek termination of the father’s parental rights even indirectly through appointment of her counsel as special prosecutor amounts to giving the mother the right to prosecute that action. The best interests of a parent seeking termination may not be the same as the best interests of the children. To permit the appointment of the lawyer representing one parent who wants to terminate the parental rights of the other parent creates an unnecessary and potentially serious conflict of interest. Because termination of parental rights is recognized as one of the most drastic actions a state can take against a citizen, we rely on previous interpretations of the laws on termination stating there is no private right of action to terminate another parent’s parental rights, and there are no circumstances under which one parent may file a petition to terminate the parental rights of another par ent. Absent a clear indication from the Louisiana Legislature that one parent may seek to revoke the parental rights of the other parent by appointment of the revoking parent’s personal attorney, we decline to do so.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.