A.R. v. State Department of Human Resources

992 So. 2d 748, 2008 Ala. Civ. App. LEXIS 270, 2008 WL 1991437
CourtCourt of Civil Appeals of Alabama
DecidedMay 9, 2008
Docket2070052
StatusPublished
Cited by14 cases

This text of 992 So. 2d 748 (A.R. v. State 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.R. v. State Department of Human Resources, 992 So. 2d 748, 2008 Ala. Civ. App. LEXIS 270, 2008 WL 1991437 (Ala. Ct. App. 2008).

Opinion

THOMPSON, Presiding Judge.

On June 27, 2007, the Cherokee County Department of Human Resources (“DHR”) filed a petition to terminate the parental rights of A.R. (“the mother”) and D.B. (“the father”) to their son, A.L.B., and their daughter, K.M.B. DHR concurrently petitioned to terminate the mother’s parental rights to another son, C.D.B.; the identity of C.D.B.’s father has never been confirmed or adjudicated. The juvenile court (“the trial court”) received ore tenus evidence at a hearing on the termination petition on September 12, 2007, and on October 5, 2007, it entered a judgment terminating the mother’s parental rights relative to C.D.B., A.L.B., and K.M.B., and the father’s parental rights relative to A.L.B. and K.M.B. The mother filed a timely appeal from the judgment; the father has not appealed.

The evidence presented at the termination hearing shows the following relevant facts.1 At the time of the termination hearing, C.D.B. was nearly five years old, A.L.B. was three years old, and K.M.B. was two years old. The children had been in DHR’s custody since two days after K.M.B. was born.

The mother was 28 years old at the time of the termination hearing. The record shows that the mother began using marijuana when she was 16 years old and began using methamphetamine when she was 17 years old, shortly before she became pregnant with C.D.B. The mother subsequently began a romantic relationship with the father, and they had a son, A.L.B. The mother and the father (sometimes collectively referred to as “the parents”) eventually moved in with the father’s parents (“the paternal grandparents”). Although the father is not C.D.B.’s biological father, he cooperated with the mother in raising and supporting C.D.B. The parents never married and, although C.D.B. bears the father’s surname, the father has never been declared C.D.B.’s legal father. The mother subsequently became pregnant with K.M.B. The mother admitted smoking marijuana two to three times a month throughout her pregnancy with K.M.B. Furthermore, the mother admitted “swallowing a bag of [methamphetamine]” a few days before she delivered K.M.B. The father denied knowledge of the mother’s drug use during her pregnancy.

K.M.B. was born on June 15, 2005. On June 16, 2005, the mother tested positive for marijuana and methamphetamine. Three nurses employed by the hospital testified that the mother’s behavior was erratic. Per the hospital’s request, a DHR social worker, Leah Manning, visited the mother in the hospital. The mother admitted her drug use to Manning and admitted having suicidal thoughts. The mother also advised Manning that the father had hit her while she was in the hospital and multiple times before.

After visiting the mother, Manning attempted to locate C.D.B. and A.L.B., whom the mother had said were being cared for by her mother (“the maternal grandmother”). Manning visited the maternal grandmother’s home; however, the maternal grandmother was not present. At the home, Manning found C.D.B., A.L.B., and four other children. The children were being cared for by the mother’s sister, Am.R. Manning testified that the maternal grandmother’s home was “very cluttered” and that she observed roaches on the kitchen counters and walls. The [751]*751children did not have appropriate clothing and had no underwear or diapers. The children showed Manning the food that they had eaten that day, which was the only food in the house — a jar of peanut butter that Manning saw had roaches in it. Manning also testified that while she was at the maternal grandmother’s home she observed the children run into the street several times without supervision by Am.R.

DHR took custody of C.D.B. and A.L.B. The children were examined by a doctor who noted a deep bruise approximately two and one-half inches long on C.D.B.’s upper, inner thigh. The doctor opined that the bruise had not been caused accidentally. On June 17, 2005, DHR petitioned the trial court to appoint a guardian ad litem to represent C.D.B., A.L.B., and K.M.B., and to grant temporary custody of all three children to DHR. The trial court granted DHR’s petition the same day and appointed a guardian ad litem to represent the children.

On June 20, 2005, the trial court heard ore tenus testimony from Manning and the father at a shelter-care hearing. Based on the testimony and on a written report from DHR, the trial court found that continuing placement of the children in the parents’ home would be contrary to the children’s welfare, and it ordered that temporary custody remain with DHR. Pending a July 12, 2005, dependency hearing, DHR placed the children with foster parents.

On the day of the June 20, 2005, hearing, the parents, the foster parents, and two DHR social workers met to develop an individualized service plan (“ISP”) regarding the children. The ISP provided that the parties would work toward reunification of the children with the parents. Per the ISP, the parents were to visit the children two days each week and the foster parents were to allow the parents to speak with the children by telephone two evenings each week. The ISP provided that the parents were to undergo psychological evaluations and substance-abuse assessments and then obtain counseling or treatment as recommended. The ISP was revised periodically thereafter.

The parents each submitted to drug tests on June 20, 2005. The mother tested positive for marijuana and methamphetamine. Pursuant to the ISP, DHR referred the mother and the father to the Family Life Center for substance-abuse assessment and treatment recommendations. Because of the mother’s history of drug use and depression, the Family Life Center recommended that she attend 24 sessions in its intensive outpatient program (“IOP”), 12 aftercare sessions, and 2 Narcotics Anonymous (“NA”) meetings per week. The Family Life Center further recommended that the mother be required to submit to random drug tests.

The ISP also required the parents to provide DHR with a list of relatives to be considered as resources for possible placement of the children. The parents identified two sets of potential relative resources: the paternal grandparents and the father’s brother and sister-in-law. Per the parents’ request, DHR considered the paternal grandparents first. However, on July 12, 2005, before DHR had completed its investigation, the trial court held a hearing to determine the children’s dependency.

At the time of the dependency hearing, the parents resided with the maternal grandmother. DHR social worker Amber Wynn testified at the hearing, as did the father and three nurses who had cared for the mother while she was in the hospital. The nurses described the parents’ behavior while the mother was hospitalized and confirmed that K.M.B. had tested positive for marijuana and methamphetamine [752]*752shortly after her birth. The father denied DHR’s allegations regarding his behavior and testified generally regarding his relationship with the mother.

Wynn described the parents’ circumstances and the ISP, noting that the parents’ psychological evaluations had not yet been scheduled. Wynn also stated that the parents’ visits with the children were scheduled once each week and that, although DHR had offered the parents additional visits, the parents had not advised DHR that they wanted to visit the children more often.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

G.S. v. Cullman Cnty. Dep't of Human Res.
253 So. 3d 383 (Court of Civil Appeals of Alabama, 2017)
D.T. v. Cullman County Department of Human Resources
221 So. 3d 467 (Court of Civil Appeals of Alabama, 2016)
S.S. v. Calhoun County Department of Human Resources
212 So. 3d 940 (Court of Civil Appeals of Alabama, 2016)
C.P. v. Cullman County Department of Human Resources
203 So. 3d 1261 (Court of Civil Appeals of Alabama, 2016)
D.E. v. Jefferson County Department of Human Resources
168 So. 3d 1213 (Supreme Court of Alabama, 2015)
C.H. v. Franklin County Department of Human Resources
171 So. 3d 32 (Court of Civil Appeals of Alabama, 2015)
H.T. v. Cleburne County Department of Human Resources
163 So. 3d 1054 (Court of Civil Appeals of Alabama, 2014)
T.C. v. Y.R.
162 So. 3d 920 (Court of Civil Appeals of Alabama, 2014)
M.H. v. Cleburne County Department of Human Resources
158 So. 3d 471 (Court of Civil Appeals of Alabama, 2014)
J.M.P. v. Alabama Department of Human Resources
144 So. 3d 287 (Supreme Court of Alabama, 2013)
A.M.F. v. Tuscaloosa County Department of Human Resources
75 So. 3d 1206 (Court of Civil Appeals of Alabama, 2011)
M.J.C. v. G.R.W.
69 So. 3d 197 (Court of Civil Appeals of Alabama, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
992 So. 2d 748, 2008 Ala. Civ. App. LEXIS 270, 2008 WL 1991437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ar-v-state-department-of-human-resources-alacivapp-2008.