B.M. v. Jefferson County Department of Human Resources

183 So. 3d 157, 2015 Ala. Civ. App. LEXIS 23, 2015 WL 291789
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 23, 2015
Docket2130880 and 2130924
StatusPublished
Cited by4 cases

This text of 183 So. 3d 157 (B.M. v. Jefferson 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.M. v. Jefferson County Department of Human Resources, 183 So. 3d 157, 2015 Ala. Civ. App. LEXIS 23, 2015 WL 291789 (Ala. Ct. App. 2015).

Opinion

THOMAS, Judge.

On June 24, 2013, the Jefferson County Department of Human Resources (“DHR”) filed in the Jefferson Juvenile Court separate petitions seeking the termination of the parental rights of B.M. (“the mother”) to Sc.M. (case no. JU-12-103246.02), Br.M. (case no. JU-12-103245.02), and L.M. (case no. JU-12-103243.02). Sc.M., Br.M., and L.M. are hereinafter referred to collectively as “the children.” DHR also sought the termination of the parental rights of the unknown father of L.M. and the parental rights of S.M. (“the father”), who is the father of Sc.M. and Br.M.

Sc.M. was born on July 6, 2001. DHR became involved with the family that year when it received reports that the mother and the father, who were unmarried at that time, had engaged in “physical abuse.” In 2003 DHR investigated a report that the parents had provided inadequate shelter for Sc.M., that Se.M. was “dirty,” and that the parents had abused illegal substances. Br.M. was born on April 28, 2005. In May 2005 DHR received a report that the parents had abused alcohol and that the father had threatened to kill the mother. The mother subsequently entered into a safety plan, agreeing to participate in a domestic-violence assessment and to seek shelter from the father if necessary for her safety or the safety of Sc.M. or Br.M.; however, on [159]*159November 24, 2005, the mother and the father married one another. In 2008 DHR received a report that the mother, Sc.M., and Br.M. were often seen walking in downtown traffic and that the mother was not watching Sc.M. or Br.M. In 2009 the mother filed a protection-from-abuse petition against the father in the Calhoun Circuit Court; the mother, Sc.M., and Br.M. then moved to a domestic-abuse shelter in Jefferson County. According to DHR, at that time the mother revealed that she had been severely abused as a child, that she had an eating disorder, that she suffered from “multiple personality disorder,” that she “heard voices,” and that she regularly “s[aw] dead people.” L.M. was born on October 22, 2010; S.M. is not the biological father of L.M.

On February 22, 2012, the juvenile court found the children dependent and awarded their custody to DHR; the children' were placed in foster care. Sc.M. was placed in therapeutic foster care because of his issues with anger and aggression.' In 2013 the mother had an automobile accident. Although she denied that she was the driver of the automobile, she was convicted of driving under the influence of drugs (“DUI”). It is clear that the mother was arrested again, because she was transported to the June 30, 2014, termination trial from the Birmingham city jail. However, the reason for her ■ 2014 incarceration is unclear from the record — the juvenile court’s termination judgments read: “[T]he Mother was incarcerated for -violating probation on a previous DUI or [for a] theft charge.” The mother admitted that she had failed to appear for a docket call, that she had failed to pay certain fines associated with the DUI conviction, and that she had also pleaded guilty to theft “a few months ago.” Regardless of her inability to recall the reason .why she -was incarcerated at the time of the termination trial, the mother appeared sure that she would be released from incarceration on December 8, 2014, because, she said, her lawyer was appealing “it.”

The juvenile court entered separate judgments on July 9, 2014, terminating the parents’ parental rights to, the .children. On July 17, 2014, the mother filed a post-judgment motion, and, on .July .22, 2014, the father filed a • postjudgment motion. On. July 22, 2014,: the mother filed a notice of appeal. On July 24, 2014, the juvenile court denied the mother’s and the father’s postjudgment motions. The mother’s appeal was held in abeyance pending the disposition of the postjudgment motions, and it “[became] effective upon the date of disposition of the last of all such motions”; thus, the mother’s notice of appeal was deemed filed on July 24, 2014. See Rule 4(a)(5), Ala. R.App. P. On August 8, 2014, the father filed a notice of appeal. This court consolidated the appeals ex mero motu.

The Father’s Appeal — Appeal 'No. mom

Rule 4(a)(2), (3), and (5), Ala. R,App. P., require the father to have filed his notice of appeal within 14 days of July 24, 2014 — the date -the juvenile court denied his postjudgment motion and the date ■the mother’s notice of appeal was deemed to have been filed under Rule 4(a)(5). See J.H.F. v. P.S.F., 835 So.2d 1024, 1026-27 (Ala.Civ.App.2002) (noting that the 14-day period under Rule 4(a)(2) ran from the effective date of the notice of appeal). However, the father filed his notice of appeal on August 8, 2014, which was 15 days after July 24, 2014. Accordingly, the father’s notice of appeal was untimely; an untimely appeal does not invoke the jurisdiction of this court. Thus, the father’s appeal must be dismissed. See. Rule 2(a)(1), Ala. R.App. P,; and Holt v. State [160]*160ex rel. Jones, [Ms. 2130726, Oct. 31, 2014] So.3d -, - (Ala.Civ.App.2014).

The Mother’s Appeal — Appeal No. 2130880

The mother seeks our review of three issues — whether the juvenile court erred by terminating the mother’s parental rights when, she says, the alleged father of L.M. was not served, whether the juvenile court failed to consider maintenance of the status quo as a viable alternative to termination of her parental rights, and whether clear and convincing evidence supports the juvenile court’s findings.

“‘In reviewing factual findings in termination-of-parental-rights judgments, this court has a narrow standard of review that allows us to disturb those findings only when they are so unsupported by the evidence as to be plainly and palpably wrong. See J.C. v. State Dep’t of Human Res., 986 So.2d 1172, 1183 (Ala.Civ.App.2007). If a fact-finder reasonably could have been clearly convinced from the evidence in the record that a parent is unwilling or unable to discharge his or her parental responsibilities to and for the child, this court may not reverse a judgment terminating parental rights arising from ore tenus proceedings in a termination-of-parental-rights case. See J.B. v. DeKalb County Dep’t of Human Res., 12 So.3d [100] at 111 [ (Ala.Civ.App.2008) ].’
“M.H. v. Jefferson Cnty. Dep’t of Human Res., 42 So.3d 1291, 1294 (Ala.Civ.App.2010).”

T.M. v. M.D., 160 So.3d 1, 4 (Ala.Civ.App.2014).

First, we consider whether the juvenile court erred by terminating the mother’s parental rights when the alleged father of L.M. was not properly served.1 See M.M. v. B.L., 926 So.2d 1038, 1042 (Ala.Civ.App.2005) (failure to properly serve a father rendered a judgment terminating his parental rights void). The mother lacks standing to assert the rights of a third party. See Ex parte Izundu, 568 So.2d 771, 772 (Ala.1990) (quoting Jersey Shore Med. Ctr.-Fitkin Hosp. v. Estate of Baum, 84 N.J. 137, 417 A.2d 1003 (1980)). Thus, her argument as to this issue fails.

Next, the mother contends that the juvenile court failed to consider maintaining the status quo as a viable alternative to termination of her parental rights. “Our supreme court has held that a juvenile court should maintain foster care ...

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Related

T.J. v. Winston County Department of Human Resources
233 So. 3d 361 (Court of Civil Appeals of Alabama, 2017)
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225 So. 3d 66 (Court of Civil Appeals of Alabama, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
183 So. 3d 157, 2015 Ala. Civ. App. LEXIS 23, 2015 WL 291789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bm-v-jefferson-county-department-of-human-resources-alacivapp-2015.