B.K.H. v. Cullman County Department of Human Resources

142 So. 3d 654, 2013 WL 5496172, 2013 Ala. Civ. App. LEXIS 218
CourtCourt of Civil Appeals of Alabama
DecidedOctober 4, 2013
Docket2120581
StatusPublished

This text of 142 So. 3d 654 (B.K.H. v. Cullman 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
B.K.H. v. Cullman County Department of Human Resources, 142 So. 3d 654, 2013 WL 5496172, 2013 Ala. Civ. App. LEXIS 218 (Ala. Ct. App. 2013).

Opinion

PER CURIAM.

On December 2, 2011, the Cullman County Department of Human Resources (“DHR”) filed a petition seeking to terminate the parental rights of T.M.S. (“the father”) and B.K.H. (“the mother”) to their minor child, A.L.S. (“the child”). The Cullman Juvenile Court (“the juvenile court”) conducted an ore tenus hearing over the course of two days, during which it admitted into evidence numerous documentary exhibits. On March 6, 2013, the juvenile court entered a judgment terminating the parents’ parental rights. The mother filed a postjudgment motion, which the juvenile court denied. Thé mother timely appealed.

We note that the father did not attend the termination-of-parental rights hearing and has not appealed the March 6, 2013, judgment. This opinion refers to the facts pertaining to the father only as they impact the discussion of the issues raised by the mother.

[656]*656The record indicates that the child was born on January 27, 2009. Connie Yar-brough, a DHR supervisor, testified that on March 18, 2009, DHR received an order from the Cullman Circuit Court (“the circuit court”) requiring it to check on the child’s safety. Yarbrough explained that the father had petitioned the circuit court for an award of custody of the child, and, in doing so, he had alleged that the mother was using methamphetamine. Yarbrough testified that a DHR social worker, Cortni Miller, located the child in the custody of the father and that, the next day, Miller attended a hearing involving the parents and the child in the circuit court. Yar-brough testified that, at that hearing, the circuit court ordered each parent to submit to a drug screen. The mother tested negative for the use of illegal substances, and the father tested positive for the use of marijuana and benzodiazepine. Yar-brough testified that, after conducting an investigation to ensure the safety of the child, DHR decided to close the case at that time.

DHR again became involved with the family in August 2009 as the result of an incident in which the mother was home alone with the child and was drinking “Wild Turkey.” Carrie Martin, a DHR investigator, testified that at 1:54 p.m. on August 29, 2009, she received a telephone call to meet the family at the local emergency room. The mother admitted to Martin that she had been drinking heavily. Martin stated that the mother first told Martin that she thought someone had broken into her home and had cut her leg with a knife. However, according to Martin, the mother later admitted that she had cut herself but had not intended for the cut to be so deep. The mother’s brother, B.H., came to the hospital, and the child was placed with B.H. and his wife pursuant to a safety plan.

Miller, the social worker who had briefly been involved with the family in March 2009, was reassigned to the case in February 2010. At that time, the mother and the child were living with the mother’s mother and stepfather pursuant to a safety plan. Miller testified that, at a February 2010 meeting to formulate an Individualized Service Plan (“ISP”), the mother admitted that she would be unable to pass a drug screen because she had used marijuana with her mother two weeks earlier.

Miller also testified that, during the February 2010 ISP meeting, the mother disclosed to Miller that the mother’s stepfather had sexually abused her when she was approximately 11 years old and that, as a result, she had been placed in foster care in Georgia. Miller testified that, after that accusation, of which she did not believe the previous social worker had been aware, the mother’s mother and stepfather were no longer considered appropriate relative resources for the child and a safety plan that included the mother and the child living with them was also no longer appropriate. Therefore, the mother and the child went to live with B.H.

Miller stated that in April 2010 she learned that the mother was no longer living in the home with B.H. and the child and that B.H. informed her that the mother was living with her father. Miller testified that, when she went to the home of the mother’s father, she discovered that the father, who had been recently released from incarceration, was also living in that home. Miller described the house as cluttered and messy. Miller stated that, when asked, the mother informed her that neither the mother nor the father could pass a drug screen, and, in fact, both parents failed a drug screen. Also at that time, B.H. was in the process of divorcing his wife and was unable to continue to provide a home for the child. When the mother [657]*657informed Miller that she could not identify any other possible relative resources, the child was placed in foster care on April 22, 2010.

On April 23, 2010, the day after the child was placed in foster care, the father committed domestic violence against the mother. Miller testified that the parents were intoxicated during that confrontation. Miller also stated that the mother had informed her that the reason for the April 23, 2010, dispute that led to domestic violence was the father’s frustration with the mother for what he perceived was her conduct resulting in the authorities again asking him to submit to drug testing; the results of that testing had been reported to the police for the purpose of determining whether the father had violated the terms of his probation.

Miller stated that in May 2010 the mother informed her that when the mother and the father were together they usually did drugs, drank alcohol, and fought. Miller testified that, during that conversation, she attempted to emphasize to the mother the importance of changing her circumstances and attempting to meet the needs of the child. Miller testified, however, that, at a June 2010 hearing on the mother’s protection-from-abuse petition against the father, her observation of the mother’s conduct and demeanor led her to believe that the mother was under the influence of drugs or alcohol at that hearing. The mother remained in a relationship with the father for more than a year following the domestic-violence incident.

Miller testified that DHR offered the mother a number of services in order to assist her in stabilizing her life. The mother was offered services through a program referred to as “Family Values,” as well as training in parenting skills and budgeting. Miller testified that DHR offered the mother counseling for issues other than substance abuse and that, during the initial session, the mother was not forthcoming with the counselor. Miller stated that that counseling was not continued because the mother was not yet ready to deal with issues from her childhood.

DHR also requested that the mother submit to a substance-abuse assessment, drug screens, and substance-abuse counseling. The mother was intermittent in her compliance with the drug screens until late summer 2011. In addition to the issues addressed by the services DHR offered, DHR identified reunification goals for the mother that included obtaining employment and earning a GED.

Miller testified that the mother had a pattern of working for two to three months toward the identified reunification goals, that the mother would make progress during those periods, but that the mother would then stop cooperating or disappear. Miller explained that the mother would stop appearing for appointments and that she would be unable to locate the mother. Miller believed that some of the periods in which the mother “disappeared” were related to times in which the father was not incarcerated.

In April 2011, the mother stopped visiting the child.

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Bluebook (online)
142 So. 3d 654, 2013 WL 5496172, 2013 Ala. Civ. App. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bkh-v-cullman-county-department-of-human-resources-alacivapp-2013.