A.M. v. St. Clair County Department of Human Resources

146 So. 3d 425, 2013 WL 6511675, 2013 Ala. Civ. App. LEXIS 265
CourtCourt of Civil Appeals of Alabama
DecidedDecember 13, 2013
Docket2120556, 2120557, 2120558, 2120559, and 2120589
StatusPublished
Cited by5 cases

This text of 146 So. 3d 425 (A.M. v. St. Clair County Department of Human Resources) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.M. v. St. Clair County Department of Human Resources, 146 So. 3d 425, 2013 WL 6511675, 2013 Ala. Civ. App. LEXIS 265 (Ala. Ct. App. 2013).

Opinion

THOMPSON, Presiding Judge.

A.M. (“the mother”) appeals from judgments of the St. Clair Juvenile Court (“the juvenile court”) terminating her parental rights to her four children, F.P., D.P., C.M., and V.M. (hereinafter collectively “the children”). G.M. (“the father”) appeals from the judgments terminating his parental rights to the two children he had with the mother, C.M. and V.M. (“the father’s children”). This court consolidated the appeals ex mero motu. The parental rights of E.P., the father of F.P. and D.P., also were terminated; however, E.P. did not appeal. Accordingly, we will not include facts relating only to E.P. in this opinion.

The record indicates the following. The father had previously worked as a welder but had nearly severed a finger on his left hand — his dominant hand — and had also injured his back. During the time St. Clair County Department of Human Resources (“DHR”) was working with the family, the father did not have steady employment; he earned money from recycling scrap metal. He would scrape rust from the scrap metal and leave the scrap metal in the family’s yard. The mother conceded that, at times, the yard would have been dangerous to the children because of the scrap metal.

The mother did not work outside the home. She suffers from a congenital hip condition for which she sometimes takes prescription pain medication. The mother testified that she had applied for Social Security disability benefits, but her application had been denied.

DHR first became involved with this family in January 2009, when the mother’s mother (“the maternal grandmother”), who lived with the family, was injured in a fall at the home and required hospitalization. A worker from DHR’s adult-protective-services division conducted an investigation. Because of excess clutter and an infestation of roaches in the home, a decision was made not to return the maternal grandmother to the home. The maternal grandmother required a wheelchair, and the excessive clutter in the house, as well as a lack of ramps, would impede her ability to move about the house. The maternal grandmother was placed in a nursing home, where she still resided at the time of the trial.

Sue Latham, a DHR social worker, testified that there were concerns for the children during the investigation arising from the maternal grandmother’s fall; however, the children were not removed from the house at that time. Latham became involved with the family in March 2009, when there was a fire in the kitchen of the house. F.P., who was 13 years old at the time, was alone in the house with C.M., then 2 years old, while the mother and D.P. visited the mother’s obstetrician. The mother was about to give birth to V.M., her youngest child. When the fire broke out, F.P. took C.M. to a neighbor’s house to call the fire department because there was no telephone at their house. After the fire, the family stayed at a motel for several weeks while repairs were made to the kitchen. The American Red Cross paid for the motel stay.

Because of the uncleanliness of the home, DHR provided services to the mother and the father in an effort to teach them housekeeping and parenting skills. However, the children were not removed from the home until July 12, 2010, when [427]*427the mother tested positive for the use of opiates and the father tested positive for the use of marijuana. The mother testified that she had taken pain medication that had been prescribed for her on earlier occasions but that she had not discarded in a timely manner. The mother’s testimony was consistent with DHR’s assertion that the mother was taking pain medication in a manner that was not prescribed by her treating physicians. The mother tested positive for opiates on various occasions throughout the time DHR was working with her.

After the children were removed from the home, DHR increased the services it was providing to the mother and the father, including providing individual and family counseling. Glenn Margaree, a counselor, began working with the family in July 2010 to address the issues that led to the children’s removal from the home, including the father’s drug use, the mother’s and father’s neglect of the home and the children and their leaving the children to care for themselves, and the mother’s and the father’s issues with anger management, conflict resolution, and domestic violence.

Margaree first visited with the mother and the father at their home in July 2010, when the children were first removed from the home. Margaree testified that the home was in a state of disrepair and infested with roaches. When them appointments were moved to her office, Margaree said, the mother and the father missed appointments or were frequently late. Margaree said she determined that the father was lazy, an opinion that she supported by pointing out that he had failed to maintain employment, and that he exhibited controlling behavior. Margaree also concluded that both the mother and the father were emotionally unstable.

The mother completed one set of parenting classes, but because DHR workers did not believe the mother’s parenting skills had improved sufficiently, she was asked in June 2012 to enroll in a second parenting class. In addition to parenting classes, the mother started attending a substance-abuse class. However, the mother said, those classes ended before she completed the course. A psychological evaluation performed on the mother by psychologist Dr. Yolanda Suarez indicated that the mother had displayed symptoms of depression that were exacerbated by her chronic hip pain. However, Dr. Suarez did not find anything that led her to be concerned that the mother was engaged in child abuse or substance abuse, and she did not regard the mother as a threat to the children.

At the trial, Latham testified that although the mother had visited the children consistently, she had to be prompted to call the children or to send them letters. The older children’s foster mother testified that the mother would call regularly only for a short time after Individual Sendee Plan (“ISP”) meetings with DHR and for a short time before scheduled court dates.

Latham also testified that she had observed both the mother and the father interact with the children. During her time with them, Latham said, she did not see anything that would lead her to believe that either one could successfully parent the children. Connie Allen, Latham’s supervisor at DHR, testified that, during the time DHR had been working with her, the mother would make strides but then fall back into old patterns of behavior.

Latham testified that the father completed a psychological assessment and assessments regarding parenting and anger management. He was referred to job and marriage counseling, anger-management classes, and parenting classes. Latham [428]*428initially said that the father did not complete any of those programs before August 2011, when he moved to Ohio, but she later testified that she had erred in her earlier testimony and that the father had completed the courses. However, she said, the father had not taken part in any services since August 2011, although he had taken part in ISP meetings by telephone. La-tham also noted that the father did not test positive for any illegal drug between the July 2010 test that led to the removal of the children from the home and the father’s August 2011 move to Ohio; however, she said, he had not submitted to a drug test since moving to Ohio.

During the termination hearing, the juvenile court ordered the father to submit to a drug test.

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Related

C.B. v. Jefferson County Department of Human Resources
221 So. 3d 1119 (Court of Civil Appeals of Alabama, 2016)
A.H. v. Madison County Department of Human Resources
215 So. 3d 560 (Court of Civil Appeals of Alabama, 2016)
B.M. v. Jefferson County Department of Human Resources
187 So. 3d 697 (Supreme Court of Alabama, 2015)
L.M. v. Talladega County Department of Human Resources
181 So. 3d 1081 (Court of Civil Appeals of Alabama, 2015)

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Bluebook (online)
146 So. 3d 425, 2013 WL 6511675, 2013 Ala. Civ. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/am-v-st-clair-county-department-of-human-resources-alacivapp-2013.