In Re: Agency Adoption of D.R.O. and D.A.O.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

IN RE: AGENCY ADOPTION OF NO. 2020 CW 0215
D. R. O. AND D. A. O.

FEBRUARY 28, 2020

In Re: T. L. H., applying for 21st Judicial
supervisory writs,
District Court, Parish of Livingston, No. 165633.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

STAY DENIED; WRIT GRANTED. The portion of the trial
court' s February 13, 2020 judgment which denied the motion for
intervention filed by relator, T. L. H., is reversed. Res
judicata is inapplicable herein to preclude the granting of the
motion for intervention. Moreover, La. Ch. Code art. 1209
allows an intervention in an
agency adoption
proceeding by
persons
having a substantial
caretaking relationship with the
child for one year or longer. Pursuant to the motion to
intervene filed by relator, T. L. H., she was the primary
custodian of the children for more than one year, and

accordingly, should be allowed the right to intervene in this
proceeding. Accordingly, relator, T. L. H., is granted leave to
intervene in this proceeding.

VGW
JMG
WJB

COURT OF APPEAL, FIRST CIRCUIT

Rt L p
DEPUTY C ERK OF COURT
FOR THE COURT

1Judge1Judge WilliamWilliam J.J. Burris,Burris, retired,retired,
servingserving propro temporetempore byby specialspecial appointmentappointment
ofof thethe Louisiana Louisiana SupremeSupreme Court.Court.