Olivia Lyn Bean And Treshawn Daraie Davis v. Emily Pounds And Reid Pounds C/w In Re: Emily And Reid Pounds Applying For Private Adoption [of A.g.b.]

Supreme Court of Louisiana
June 23, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
OLIVIA LYN BEAN AND TRESHAWN DARAIE
DAVIS VS. EMILY POUNDS AND REID
POUNDS
C/W
IN RE:
EMILY AND REID POUNDS APPLYING
FOR PRIVATE ADOPTION [OF A.G.B.]
No. 2022-CJ-00936
_ _ _ _
_ _
IN R
E: Emily Pounds, et al. - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Washington, 22nd Judicial District Court Number(s) 114,862, 115,132 c/w
114,862, Court of Appeal, First Circuit, Number(s) 2022 CW 0457;
_ _ _ _ _ _
June 23, 2022
Writ application granted in part. See per curiam.
Hughes, J., dissents and assigns reasons.
Crichton, J., additionally concurs and assigns reasons.
JBM
JLW
JTG
WJC
PDG
06/23/2022 "See News Release 029 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2022-CJ-00936
O
LIVIA LYN BEAN AND TRESHAWN DARAIE DAVIS
VS.
EMILY POUNDS AND REID POUNDS
C/W
IN RE: EMILY AND REID POUNDS APPLYING FOR PRIVATE
ADOPTION [OF A.G.B.]
O
n Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Washington
PE
R CURIAM
R
elators, Emily Pounds and Reid Pounds, seek review of a judgment of the
court of appeal ordering the transfer of custody of a minor child to the child’s natural
mother, Olivia Lyn Bean.
We find no error in the judgment of the court of appeal insofar as it determines
the acts of surrender executed by the natural parents in favor of relators are invalid,
and the natural mother is therefore entitled to assert her custody rights. However,
the court of appeal erre d in ordering the trial court to facilitate the transfer of the
child to her natural mother “with said transfer to occur no later than 20 days from
the date of issuance of this opinion.”
In any custody dispute, “consideration of the best interest of the child must be
balanced with the fundamental rights of the parent.” Cook v. Sullivan, 2020-01471
(La. 9/30/21), 330 So. 3d 152, 158. Because the child, who is currently two years
old, has been in relators’ custody since her birth and has had virtually no contact
with the natural mother, an immediate transfer of custody is clearly not in the child’s
best interest.
Accordingly, we vacate that portion of the court of appeal’s judgment
ordering the transfer of custody to take place within a specific time period. The case
06/23/22

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is remanded to the trial court to hold a hearing and make a determination as to
whether the transfer of custody to the natural mother will result in any substantial
harm to the c hild for purposes of La. Civ. Code art. 133. In making this
determination, the trial court shall exercise its authority under La. R.S. 9:331 to
appoint mental health and/or medical professionals who can assist the court in
evaluating the parties and facilitating a transfer plan in the event the court finds the
child can be safely returned to the custody of the mother.

DECREE

For the reasons assigned, the writ is granted in part. The judgment of the court
of appeal is vacated insofar as it orders the transfer of custody take place within a
specific period of time. The case is remanded to the trial court for further
proceedings consistent with this opinion.