In the Matter of Kelvin Paul Wells

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KELVIN WELLS NO. 2023 CW 1179

VERSUS

DEPARTMENT OF CHILDREN AND
FAMILY SERVICES, THE 19TH
JUDICIAL DISTRICT FAMILY FEBRUARY 16, 2024
COURT, DIVISION OF
ADMINISTRATIVE LAW

In Re: Kelvin Wells, applying for supervisory writs, Family
Court in and for the Parish of East Baton Rouge, No.

181016.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT DENIED. Pursuant to La. R. S. 46: 236. 15 ( D) ( 1) ( a) , if
relator seeks review of seizure of property by the Louisiana

Department of Children and Family Services (" DCFS"), " the agency
shall either release the property or schedule a hearing in
accordance with the Administrative Procedure Act." Under the
Administrative Procedure Act, " a person who is aggrieved by a

final decision or order in an adjudication proceeding is
entitled to judicial review..." La. R. S. 49 : 978. 1 ( A) ( 1) . Further,

p] roceedings for review may be instituted by filing a petition
in the district court of the parish in which the agency is
located..." La. R. S. 49: 978. 1( B); State in Interest of Caston,

2020- 0768 ( La. App. 1st Cir. 2/ 19/ 21), 321 So. 3d 419, writ

denied, 2021-- 00425 ( La. 5/ 11/ 21), 315 So - 3d 872 (" When

reviewing an administrative final decision, the district court

functions as an appellate court," and "[ o] nce a final judgment
is rendered by the district court, an aggrieved party may seek
review by appeal to the appropriate appellate court."). Thus,
relator should seek review first with the district court.

JEW
EW

TPS

COURT OF APPEAL, FIRST CIRCUIT

1.-

D
J -C ,
CLERK OF COURT
FOR THE COURT