C.S.B. v. State Department of Human Resources

26 So. 3d 426, 2009 Ala. Civ. App. LEXIS 95, 2009 WL 886495
CourtCourt of Civil Appeals of Alabama
DecidedApril 3, 2009
Docket2071120
StatusPublished
Cited by8 cases

This text of 26 So. 3d 426 (C.S.B. 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
C.S.B. v. State Department of Human Resources, 26 So. 3d 426, 2009 Ala. Civ. App. LEXIS 95, 2009 WL 886495 (Ala. Ct. App. 2009).

Opinions

THOMPSON, Presiding Judge.

C.S.B. (“the mother”) appeals from the juvenile court’s judgment terminating her parental rights to A.L.C. (“the child”). That judgment also terminated the parental rights of the child’s father. The father has not appealed.

On March 14, 2007, the Department of Human Resources (“DHR”) filed a petition in the juvenile court to terminate the mother’s parental rights as to the child, who has been diagnosed with cerebral palsy. According to the petition, the child had been in the custody of DHR since April 6, 2004. The petition asserted that the mother had been diagnosed with mild mental retardation that prevented her from being able to adequately care for the child. It also alleged abandonment and neglect.

The record contains a report prepared for the juvenile court by DHR workers that stated that DHR had received reports that the mother was placing the child at risk of serious harm. One of the DHR workers said in the report that the child’s maternal grandmother had alleged that the mother was abusing the child. According to the report, DHR workers who investigated the allegations did not see any unusual marks or bruising on the child. The report stated that it was later discovered that there was a conflict between the mother and the child’s maternal grandmother. Because DHR had determined that the child’s safety was “questionable,” it removed the child from the mother’s home and placed her in foster care.

At the hearing on DHR’s petition, the following evidence was adduced. The mother has an older child; her parental rights as to that child were terminated in April 2001, five months before the child in this case was born. The record does not reveal the circumstances leading to the termination of the mother’s parental rights in that earlier case.

As to this case, the evidence indicated that the mother has worked diligently with DHR. The mother visited with the child every other week. Susan Gardner, who supervised foster care for the Mobile County DHR, testified that the mother had missed only one scheduled visit with the child. In that instance, Gardner said, the mother had telephoned DHR to say that she would not be able to make the visit because her father had died. However, DHR later learned that the mother’s father had not died. The mother denied that she had told DHR that her father was dead, but she did admit that she had said that he was dying. The mother’s father was still living at the time of the termination hearing.

Gardner also testified that the mother had completed parenting classes, had gone to counseling, and had submitted to two psychological evaluations that DHR had requested. Juanita Spinks, another DHR employee, testified that she had attended the home study that DHR had conducted at the mother’s home in Jackson, where she was living with her husband at the time of the termination hearing. Spinks said that the home, a three-bedroom, two-bath mobile home, was clean, that there was adequate space in the home for the child, and that, although the home needed a few repairs outside, the results of the home study were favorable to the mother.

Tamecca Bell, another DHR employee, testified that the mother had attended an individualized service plan (“ISP”) meeting, where Bell was able to see the mother and child interact. When asked whether [428]*428she had observed anything that caused her concern, Bell related an incident in which the mother had allowed the child to stand on the back of a chair. The mother was sitting in the chair while the child brushed the mother’s hair.

Although DHR alleged that the mother was mildly mentally retarded, no expert testimony was admitted as to the mother’s mental condition. DHR attempted to call as a witness Dr. John Davis, who had interviewed the mother at DHR’s request. The mother’s attorney objected to allowing Dr. Davis to testify and to the admission into evidence of the report that he had prepared, in which he had evaluated the mother, saying that the mother had not waived the psychotherapist-patient privilege and that anything the doctor may have learned from his evaluation of the mother was inadmissible. The juvenile court sustained the mother’s objection. DHR has not appealed from the juvenile court’s rulings preventing Dr. Davis’s expert testimony and the admission of his report.1

The mother testified that she had completed the 10th grade. The mother’s testimony indicated that she most likely has a diminished mental capacity. The following colloquy was had between the mother and the attorney for DHR:

“Q. [By DHR’s attorney]: You know that [the child] has cerebral palsy; you know what that is?
“A. [By the mother]: She was diagnosed with it when I — when she was a baby. She was diagnosed, they told me, one of the doctors, gave her a bottle or one of the nurse gave her a bottle and killed her. That’s why she’s got cerebral palsy now. They said it killed her brain.
“Q.: [The child] died?
[[Image here]]
“A.: Yes. She died right after she went to the [intensive-care unit],
“Q.: She died in the I.C.U.? Were you there?
“A.: No.
“Q.: Where were you?
“A.: I tried and they killed me.
“Q.: They killed you? When did they kill you?
“A.: Right before she was born.
“Q.: But you’re living now?
“A.: Yeah.
“Q.: How is that?
“A.: They gave me six transfusions.
“Q.: Six transfusions of what?
“A.: Blood.
“Q.: And that brought you back to life?
“A.: Uh huh.
“Q.: And how do you know you died?
“A.: I just — before [the child] was born my water broke and they let me bleed to death. It was at Women and Children’s.
“Q.: Women and Children’s let you bleed to death?
“A: Yep.
“Q.: How do you know that you died?
[[Image here]]
“A.: I just knew when I was fixin [sic] to go out.
“Q.: You knew when you were fixin [sic] to go out, where?
[429]*429“A.: When I was laying down.
“Q.: When you were laying down, you knew that you were going to die?
“A.: No. My eyes rolled back and forth in my head and (inaudible).
“Q.: So, you knew you died? Do you know how long you were dead?
“A.: For a day and a half.
“Q.: How do you know you were dead a day and a half?
“A.: I just was like in a coma.
“Q.: And how do you know you were in a coma for a day and a half?
“A.: Cause I could hear people — when I’d come in and out, I could hear people talking.

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C.S.B. v. State Department of Human Resources
26 So. 3d 426 (Court of Civil Appeals of Alabama, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
26 So. 3d 426, 2009 Ala. Civ. App. LEXIS 95, 2009 WL 886495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/csb-v-state-department-of-human-resources-alacivapp-2009.