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SMITH v. STATE, DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.

No. 01-943.

806 So.2d 126 (2001)

Sharon SMITH, Individually and as Representative of the Minors Lisa Michelle Wall, Blake Aaron Wall and Chrystal Leann Wall v. STATE of Louisiana, through the DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 20, 2002.

Attorney(s) appearing for the Case

Russell Purvis, Smith, Taliaferro, Purvis & Boothe, Jonesville, LA, Counsel for Plaintiffs/Appellees: Sharon Smith, Individually and as Representative of the Minors Lisa Michelle Wall, Blake Aaron Wall and Crystal Leann Wall.

Joe A. Brame, Brame & McCain, Lake Charles, LA, Counsel for Defendant/Appellant: Educational and Treatment Council, Inc.

Micheal Penn, Adam L. Ortego, Louisiana Department of Justice, Attorney General, Lake Charles, LA, Counsel for Defendant/Appellee State of Louisiana.

Court composed of HENRY L. YELVERTON, JOHN D. SAUNDERS, BILLIE COLOMBARO WOODARD, MARC T. AMY, and ELIZABETH A. PICKETT, Judges.

PICKETT, Judge.

FACTS

On June 3, 1993, Crystal, Lisa, and Ronal Wall, the children of Sharon Smith and Ronal Wall, Sr., were adjudicated children in need of care and placed in the custody of the State of Louisiana through the Department of Social Services. The children were split up and placed in different foster care facilities. While in the care of the Department of Social Services (DSS), the children frequently ran away from the various foster care facilities...

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