Rel: February 28, 2025
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2024-2025 _________________________
CL-2024-0504, CL-2024-0505, and CL-2024-0506 _________________________
C.R.B.
v.
Jackson County Department of Human Resources
Appeals from Jackson Juvenile Court (JU-22-281.02, JU-22-282.02, and JU-22-283.02)
FRIDY, Judge.
C.R.B. ("the mother") appeals from three essentially identical
judgments of the Jackson Juvenile Court ("the juvenile court")
terminating her parental rights to three of her children, L.L.B., J.L.B., CL-2024-0504, CL-2024-0505, and CL-2024-0506
and C.J.B. ("the children").1 The children's father, Z.S.B. ("the father"),
consented to the termination of his parental rights to the children, and
he does not appeal. For the reasons discussed herein, we remand the
cases to the juvenile court for it to determine whether it had subject-
matter jurisdiction over these matters.
Background
The evidence adduced at the May 9, 2024, trial on the petitions to
terminate the mother's parental rights to the children indicates the
following regarding the issue of jurisdiction. The Jackson County
Department of Human Resources ("DHR") became involved with the
family in November 2022. The mother testified that she is a Tennessee
resident. In November 2022, she said, she had rented a motel room for a
week in Bridgeport because her brother had been killed earlier that year
and she hoped to find a place to live that was closer to her sister-in-law,
who resided in South Pittsburg, Tennessee, near the Alabama border. It
is not clear from the record where the mother had a permanent residence
1The mother testified that she had four older children in addition to
the children involved in these cases. However, she said that at the time of the events made the basis for these cases, she did not have custody of any of the older children, all of whom lived with family members in Tennessee. 2 CL-2024-0504, CL-2024-0505, and CL-2024-0506
-- or whether she had a permanent residence -- in November 2022. She
testified that, when she and the father "broke up," "the courts in
Tennessee" had considered her to be homeless because she had been
living with her brother. The children's father also lived in Tennessee.
While staying at the motel in Bridgeport with the children, who
were then four years old, three years old, and four months old, the mother
allowed a friend to stay in their room. The mother testified that the friend
overdosed on fentanyl, while the children were present in the room. The
mother and others staying at the motel were unable to revive the friend,
who died. Someone notified law-enforcement officials, the mother said.
When they arrived, the mother was arrested and charged with various
drug offenses.
Alyssa Newsom, a DHR employee, testified that the DHR had
received a report about the mother's arrest, and, after an investigation,
DHR had picked up the children. After a shelter-care hearing, the
children were placed in foster care in Alabama. DHR held an
individualized-service-plan ("ISP") meeting the day after that hearing.
Newsom said DHR personnel and the mother discussed certain goals for
3 CL-2024-0504, CL-2024-0505, and CL-2024-0506
the mother, including drug and alcohol assessments, visits with the
children, and the securing of housing, employment, and transportation.
The mother said that she lived in Tennessee while she was trying
to comply with the goals that DHR had set for her. Because she was a
Tennessee resident, the mother said, DHR had told her that she would
have to take part in color-code drug testing in Tennessee and have the
results sent to DHR. Newsom corroborated the mother's testimony. The
mother said that she had participated in drug testing in Tennessee.
The mother said that, after her arrest, she was kept in the Jackson
County jail for four days. When she was released, she said, she went to
stay with her own mother in Georgia for "just a few weeks" before moving
to her grandparents' house in South Pittsburg. She testified that she
stayed with her grandparents for "a couple of months" before moving in
with her sister-in-law in South Pittsburg for a short while. In July 2023,
the mother said, she began living at a substance-abuse treatment facility
in Nashville, Tennessee. At the time of the trial, she lived in a halfway
house in Lebanon, Tennessee. Since November 2022, when the children
entered foster care, the mother has held three jobs, all in Tennessee. It
4 CL-2024-0504, CL-2024-0505, and CL-2024-0506
does not appear, based on the evidence in the record, that she ever
resided in Alabama.
Analysis
Although neither party questions the juvenile court's jurisdiction to
consider this matter, it appears that the mother and the children were
merely visiting Alabama when DHR took custody of the children in
November 2022, which raises concerns about the juvenile court's subject-
matter jurisdiction. From the record, it does not appear that either the
parties or the juvenile court addressed the issue of jurisdiction.
" '[J]urisdictional matters are of such magnitude that we take notice
of them at any time and do so even ex mero motu.' " Wallace v. Tee Jays
Mfg. Co., 689 So. 2d 210, 211 (Ala. Civ. App. 1997), quoting Nunn v.
Baker, 518 So. 2d 711, 712 (Ala. 1987)). The Uniform Child Custody
Jurisdiction and Enforcement Act ("the UCCJEA"), § 30-3B-101 et seq.,
Ala. Code 1975, governs whether a juvenile court has subject-matter
jurisdiction in cases that involve questions of a child's custody. The
UCCJEA differentiates between a court's jurisdiction to make an "initial
child custody determination" and a court's "continuing, exclusive
jurisdiction" over a child-custody determination. See §§ 30-3B-201, -202,
5 CL-2024-0504, CL-2024-0505, and CL-2024-0506
and -203, Ala. Code 1975. An action seeking to terminate a parent's
parental rights is a "child custody proceeding" under the UCCJEA. § 30-
3B-102(4), Ala. Code 1975.
The juvenile court entered judgments regarding the children's
custody after a shelter-care hearing and a subsequent dependency action.
Neither of those judgments is included in the record on appeal. Section
30-3B-202 states that, except as provided in § 30-3B-204 (which concerns
a court's temporary emergency jurisdiction), the juvenile court would
have had continuing, exclusive jurisdiction to consider the termination of
the mother's parental rights only if it had entered a prior child-custody
determination consistent with § 30-3B-201 or -203. See § 30-3B-202, Ala.
Code 1975; Patrick v. Williams, 952 So. 2d 1131, 1138 (Ala. Civ. App.
Free access — add to your briefcase to read the full text and ask questions with AI
Rel: February 28, 2025
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2024-2025 _________________________
CL-2024-0504, CL-2024-0505, and CL-2024-0506 _________________________
C.R.B.
v.
Jackson County Department of Human Resources
Appeals from Jackson Juvenile Court (JU-22-281.02, JU-22-282.02, and JU-22-283.02)
FRIDY, Judge.
C.R.B. ("the mother") appeals from three essentially identical
judgments of the Jackson Juvenile Court ("the juvenile court")
terminating her parental rights to three of her children, L.L.B., J.L.B., CL-2024-0504, CL-2024-0505, and CL-2024-0506
and C.J.B. ("the children").1 The children's father, Z.S.B. ("the father"),
consented to the termination of his parental rights to the children, and
he does not appeal. For the reasons discussed herein, we remand the
cases to the juvenile court for it to determine whether it had subject-
matter jurisdiction over these matters.
Background
The evidence adduced at the May 9, 2024, trial on the petitions to
terminate the mother's parental rights to the children indicates the
following regarding the issue of jurisdiction. The Jackson County
Department of Human Resources ("DHR") became involved with the
family in November 2022. The mother testified that she is a Tennessee
resident. In November 2022, she said, she had rented a motel room for a
week in Bridgeport because her brother had been killed earlier that year
and she hoped to find a place to live that was closer to her sister-in-law,
who resided in South Pittsburg, Tennessee, near the Alabama border. It
is not clear from the record where the mother had a permanent residence
1The mother testified that she had four older children in addition to
the children involved in these cases. However, she said that at the time of the events made the basis for these cases, she did not have custody of any of the older children, all of whom lived with family members in Tennessee. 2 CL-2024-0504, CL-2024-0505, and CL-2024-0506
-- or whether she had a permanent residence -- in November 2022. She
testified that, when she and the father "broke up," "the courts in
Tennessee" had considered her to be homeless because she had been
living with her brother. The children's father also lived in Tennessee.
While staying at the motel in Bridgeport with the children, who
were then four years old, three years old, and four months old, the mother
allowed a friend to stay in their room. The mother testified that the friend
overdosed on fentanyl, while the children were present in the room. The
mother and others staying at the motel were unable to revive the friend,
who died. Someone notified law-enforcement officials, the mother said.
When they arrived, the mother was arrested and charged with various
drug offenses.
Alyssa Newsom, a DHR employee, testified that the DHR had
received a report about the mother's arrest, and, after an investigation,
DHR had picked up the children. After a shelter-care hearing, the
children were placed in foster care in Alabama. DHR held an
individualized-service-plan ("ISP") meeting the day after that hearing.
Newsom said DHR personnel and the mother discussed certain goals for
3 CL-2024-0504, CL-2024-0505, and CL-2024-0506
the mother, including drug and alcohol assessments, visits with the
children, and the securing of housing, employment, and transportation.
The mother said that she lived in Tennessee while she was trying
to comply with the goals that DHR had set for her. Because she was a
Tennessee resident, the mother said, DHR had told her that she would
have to take part in color-code drug testing in Tennessee and have the
results sent to DHR. Newsom corroborated the mother's testimony. The
mother said that she had participated in drug testing in Tennessee.
The mother said that, after her arrest, she was kept in the Jackson
County jail for four days. When she was released, she said, she went to
stay with her own mother in Georgia for "just a few weeks" before moving
to her grandparents' house in South Pittsburg. She testified that she
stayed with her grandparents for "a couple of months" before moving in
with her sister-in-law in South Pittsburg for a short while. In July 2023,
the mother said, she began living at a substance-abuse treatment facility
in Nashville, Tennessee. At the time of the trial, she lived in a halfway
house in Lebanon, Tennessee. Since November 2022, when the children
entered foster care, the mother has held three jobs, all in Tennessee. It
4 CL-2024-0504, CL-2024-0505, and CL-2024-0506
does not appear, based on the evidence in the record, that she ever
resided in Alabama.
Analysis
Although neither party questions the juvenile court's jurisdiction to
consider this matter, it appears that the mother and the children were
merely visiting Alabama when DHR took custody of the children in
November 2022, which raises concerns about the juvenile court's subject-
matter jurisdiction. From the record, it does not appear that either the
parties or the juvenile court addressed the issue of jurisdiction.
" '[J]urisdictional matters are of such magnitude that we take notice
of them at any time and do so even ex mero motu.' " Wallace v. Tee Jays
Mfg. Co., 689 So. 2d 210, 211 (Ala. Civ. App. 1997), quoting Nunn v.
Baker, 518 So. 2d 711, 712 (Ala. 1987)). The Uniform Child Custody
Jurisdiction and Enforcement Act ("the UCCJEA"), § 30-3B-101 et seq.,
Ala. Code 1975, governs whether a juvenile court has subject-matter
jurisdiction in cases that involve questions of a child's custody. The
UCCJEA differentiates between a court's jurisdiction to make an "initial
child custody determination" and a court's "continuing, exclusive
jurisdiction" over a child-custody determination. See §§ 30-3B-201, -202,
5 CL-2024-0504, CL-2024-0505, and CL-2024-0506
and -203, Ala. Code 1975. An action seeking to terminate a parent's
parental rights is a "child custody proceeding" under the UCCJEA. § 30-
3B-102(4), Ala. Code 1975.
The juvenile court entered judgments regarding the children's
custody after a shelter-care hearing and a subsequent dependency action.
Neither of those judgments is included in the record on appeal. Section
30-3B-202 states that, except as provided in § 30-3B-204 (which concerns
a court's temporary emergency jurisdiction), the juvenile court would
have had continuing, exclusive jurisdiction to consider the termination of
the mother's parental rights only if it had entered a prior child-custody
determination consistent with § 30-3B-201 or -203. See § 30-3B-202, Ala.
Code 1975; Patrick v. Williams, 952 So. 2d 1131, 1138 (Ala. Civ. App.
2006). Because the parents did not appeal from the previous judgments
regarding the children's custody, this is the first time that this court has
been able to examine whether the juvenile court properly exercised
jurisdiction in those matters.
Section 30-3B-201(a), Ala. Code 1975, provides that, except in cases
involving the court's temporary emergency jurisdiction pursuant to § 30-
6 CL-2024-0504, CL-2024-0505, and CL-2024-0506
3B-204, an Alabama court has jurisdiction to make an initial child-
custody determination only if:
"(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
"(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207 or 30-3B-208[, Ala. Code 1975], and:
"a. The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
"b. Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
"(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 30-3B-207 or 30-3B-208; or
"(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3)."
§ 30-3B-201(a). Section 30-3B-203, Ala. Code 1975, provides that an
Alabama court
7 CL-2024-0504, CL-2024-0505, and CL-2024-0506
"may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 30-3B-201(a)(1) or (2)[, Ala. Code 1975,] and:
"(1) The court of the other state determines it no longer has continuing, exclusive jurisdiction under Section 30-3B-202[, Ala. Code 1975,] or that a court of this state would be a more convenient forum under Section 30-3B-207[, Ala. Code 1975]; or
"(2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state."
As mentioned, during the course of the current actions, the parties
and the juvenile court did not question the juvenile court's subject-matter
jurisdiction to consider the termination of the mother's parental rights.
Therefore, the record does not contain any evidence from which we can
determine (1) whether any of the circumstances included in § 30-3B-
201(a) existed; (2) whether a court of another state had previously
entered a child-custody determination as to the children, see § 30-3B-203;
or (3) whether the juvenile court properly exercised its temporary
emergency jurisdiction in such a manner as to give rise to continuing
jurisdiction, see § 30-3B-204(b). We also do not have a record of the earlier
8 CL-2024-0504, CL-2024-0505, and CL-2024-0506
dependency action in which the issue of jurisdiction may have been
discussed.
Because we lack sufficient information to determine whether the
juvenile court had subject-matter jurisdiction under the UCCJEA, we
reinvest the juvenile court with jurisdiction for forty-five days from the
date of this opinion so that it can hold an evidentiary hearing during
which the parties can develop a record from which such a determination
can be made. The juvenile court should supplement the record with a
transcript of that hearing, as well as the subsequent judgments. See W.S.
v. Houston Cnty. Dep't of Hum. Res., [Ms. CL-2023-0794, May 31, 2024]
___ So. 3d ___ (Ala. Civ. App. 2024).
If subject-matter jurisdiction was considered during the previous
dependency action, instead of or in addition to holding an evidentiary
hearing on remand, the juvenile court may supplement the record on
appeal with evidence from the record from the dependency action
indicating the basis on which subject-matter jurisdiction was
determined. If, on remand, the juvenile court determines that it does not
have subject-matter jurisdiction under the UCCJEA, it should vacate its
judgments terminating the mother's parental rights.
9 CL-2024-0504, CL-2024-0505, and CL-2024-0506
Conclusion
These causes are remanded and the juvenile court is reinvested
with jurisdiction for forty-five days so that it can determine whether it
had subject-matter jurisdiction to terminate the parents' parental rights
under the UCCJEA. After making its determination, the juvenile court
is to enter a judgment or judgments consistent with this opinion.
CL-2024-0504 -- REMANDED WITH INSTRUCTIONS.
CL-2024-0505 -- REMANDED WITH INSTRUCTIONS.
CL-2024-0506 -- REMANDED WITH INSTRUCTIONS.
Moore, P.J., and Edwards, Hanson, and Lewis, JJ., concur.