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STATE EX REL. W.H.V. v. J.A.V.

No. 35,887-JAC.

811 So.2d 189 (2002)

STATE of Louisiana, in the Interest of W.H.V., Plaintiff-Appellant, v. J.A.V. and C.V., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

February 27, 2002.

Attorney(s) appearing for the Case

Paul J. Carmouche, District Attorney, W. Glen Mangham, Assistant District Attorney, for Appellant, Department of Social Services, State of Louisiana.

W. Allen Haynes, for Appellee, J.A.V.

Wilbert D. Pryor, Shreveport, for Appellee, C.V.

Lunn, Irion, Salley, Carlisle & Gardner, by James A. Mijalis, Shreveport, for W.H.V.

Before BROWN, CARAWAY and PEATROSS, JJ.

PEATROSS, Judge.

This is an appeal by the Department of Social Services ("Department") from the ruling of the trial court finding that the Department failed to prove by a preponderance of the evidence that W.H.V. is a child in need of care. Counsel for W.H.V. is aligned with the Department in challenging the judgment of the trial court. For the reasons stated herein, the judgment of the trial court is reversed.

FACTS

W.H.V. was born May 19...

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