State ex rel. A.C.
State ex rel. A.C.
Opinion of the Court
li/The State of Louisiana, through the Department of Social Services, Office of Community Services (“OCS”), appeals a ruling of the Juvenile Court for the Parish of Jefferson. The current appeal relates only to a ruling involving the minor K.D. Because that ruling is not an appealable judgment, we dismiss the appeal.
K.D. came into the custody of the OCS in March 2000 when the department peti
On June 20, 2007, OCS moved for modification of the judgment ordering orthodontic services, incorrectly referencing the May 8, 2007 judgment. OCS urged it no longer had the available resources to provide the services. A hearing was held on July 23, 2007, at which time the court denied the motion for modification; the record indicates that OCS did not appear at that hearing. Subsequently, OCS filed for rehearing, urging it had not been notified of the date set for the motion. On August 14, 2007, the matter was taken up on rehearing, and, following testimony, the court once more ordered OCS to pay for orthodontia services. This judgment in substance again denied modification of the December 2006 disposition.
We do not address the arguments of OCS because we have determined that this Court does not have appellate jurisdiction to review the matter.
LSA-Ch.C. art. 330 provides:
A. An appeal may be taken from any final judgment of a court and shall be to the appropriate court of appeal.
B. In delinquency proceedings pursuant to Title VIII, child in need of care proceedings pursuant to Title VI, and families in need of services proceedings pursuant to Title VII, an appeal may be taken only after a judgment of disposition. The appeal shall include all errors assigned concerning the adjudication and disposition.
(Emphasis provided.)
Pursuant to this article, an appeal may be taken only after a judgment of disposition. The judgments denying the motion to modify and denying rehearing are |4not judgments of disposition.
APPEAL DISMISSED.
. See, State in the Interest of C.J., 2006-1441 (La.App. 1 Cir. 2/14/07), 959 So.2d 972, writ denied 2007-0579 (La.4/5/07), 954 So.2d 147.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.