D.B. v. Coffee County Department of Human Resources

26 So. 3d 1239, 2009 Ala. Civ. App. LEXIS 371, 2009 WL 1818408
CourtCourt of Civil Appeals of Alabama
DecidedJune 26, 2009
Docket2080126 and 2080127
StatusPublished
Cited by4 cases

This text of 26 So. 3d 1239 (D.B. v. Coffee 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
D.B. v. Coffee County Department of Human Resources, 26 So. 3d 1239, 2009 Ala. Civ. App. LEXIS 371, 2009 WL 1818408 (Ala. Ct. App. 2009).

Opinions

THOMPSON, Presiding Judge.

D.B. (“the mother”) appeals from the judgments of the Coffee Juvenile Court in two separate cases: one involved her daughter, R.C. (“the daughter”), and the other involved her son, S.C. (“the son”) [1241]*1241(the son and the daughter are collectively referred to herein as “the children”). In those judgments, the juvenile court ordered that custody of the children remain with the Coffee County Department of Human Resources (“DHR”). This court consolidated the mother’s appeals. For the reasons stated herein, we reverse and remand.

The mother was previously married to B.C. (“the father”), although the record is not clear as to where they lived during the marriage. The daughter was born in 1993, and the son was born in 1996. Following the birth of the children, the mother and the father divorced. The record does not indicate where the parents were divorced. The mother thereafter married W.B. (“the stepfather”), and the children lived with W.B. and her. During part of their marriage, the mother and the stepfather lived in Florida.

From documents appearing in the record, it appears that on August 30, 2004, while the mother and the stepfather were living in Florida, the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida (“the Florida court”), entered an order adjudicating the children dependent. As a basis for its finding of dependency, the Florida court found that the children had “been exposed to very bad living conditions with the mother and the stepfather,” that the mother and the stepfather were “not responsive to concerns about [the sonj’s seizures,” that the son suffered “very extensive bruising” resulting from either “inadequate supervision or excessive corporal punishment,” and that “[tjhe mother evidence[d] poor recall, little understanding of the significance of [the sonj’s problems, and probably [the daughter’s as well.” The Florida court concluded that “[tjhe mother’s own intellectual impairment or other mental problems put these two special needs children at substantial risk of imminent abuse or neglect.” As part of its order finding the children dependent, the Florida court ordered that the children were to remain in the mother’s custody under the supervision of the Florida Department of Children and Families. The Florida court assigned case number 2004-264-DP to its proceeding.

In addition to the Florida court’s August 30, 2004, dependency adjudication, the record contains a report, dated April 27, 2005, of a magistrate appointed by the Florida court (see Rule 8.257, Fla. R. Juv. P.) to conduct a judicial-review hearing in the dependency case. Among other things, the magistrate found that the children continued to be dependent, and she recommended that the children continue in the custody of the mother; that the mother and the father, who also lived in Florida, be required to agree on a visitation schedule, failing which a standard visitation schedule should be entered; and that the Florida court retain jurisdiction over the case. There are no documents in the record indicating whether the Florida court accepted the magistrate’s recommendations or how it ultimately resolved the dependency ease.

Sometime later, the mother and the stepfather moved with the children to Alabama. On April 17, 2007, DHR filed two dependency petitions, one as to each of the children, in the Coffee Juvenile Court (“the juvenile court”). DHR alleged in the petitions that the son suffered from diabetes, that the mother and the stepfather were neglecting his medical needs, and that the mother and the stepfather were relying on the daughter to care for the son. DHR also alleged that the mother and the stepfather had refused to cooperate with DHR on two prior occasions. DHR sought custody of both children. Upon consideration of DHR’s petitions, the [1242]*1242juvenile court ordered that the children be taken into protective custody. On April 20, 2007, the juvenile court entered an order transferring custody of both children to DHR and indicating that reasonable efforts would be made to reunite the children with the mother.

On May 28, 2007, DHR received allegations that the stepfather had sexually abused the daughter. After an investigation by law enforcement, the stepfather was arrested and charged with three counts of sexual abuse of the daughter. He subsequently fled the jurisdiction. Following his arrest, the mother decided to sever all ties with the stepfather and to pursue a divorce against him.

On August 13, 2007, the juvenile court entered an order as to each child, based on a stipulation of facts, adjudicating the children dependent and indicating that reasonable efforts would continue to be made to reunite the children with the mother and to restore custody of the children to her. According to the orders, custody was to remain with DHR.

On January 3, 2008, DHR filed a motion in both cases in which it sought to have the juvenile court “establish jurisdiction ... [in] the Courts in Coffee County, Alabama from the [Florida court] in Juvenile Division case number 2004-264-DP .... ” On February 26, 2008, DHR filed a motion to set a hearing on its motion regarding jurisdiction. On March 7, 2008, the juvenile court denied the motion for a hearing and ordered DHR to inform it of any action pending in Marion County, Florida, concerning custody of the children and to provide contact information for the Florida court so that it could “communicate [with] the Court in Marion County, Florida, and set any hearing pursuant to the Uniform Child Custody Jurisdiction [and Enforcement] Act[, § 30-3B-101 et seq., Ala.Code 1975].” On March 12, 2008, in compliance with the March 7, 2008, order, DHR submitted certain documents from the dependency action in the Florida court to the juvenile court, including documents con-, taining the information described above! On March 17, 2008, the juvenile court denied DHR’s motion to determine jurisdiction. The juvenile court’s order in the case involving the daughter read:

“There is nothing in [DHR]’s motion that would indicate the Florida Department of Human Resources is or has assumed jurisdiction in this matter. Although the Florida Department of Human Resources previously adjudged the minor child to be dependent and placed her under protective supervision in July 2005, there is nothing provided or plead [sic] to make the Court aware of any pending proceeding or any other motions currently before the [Florida court],
“If there is any motion, pleading, correspondence or Order from the [Florida court], or from any of the attorneys in Marion County, Florida, who state that Marion County is asserting jurisdiction in this case since the filing of the dependency in this Court, [DHR] shall provide this to the Court.
“By finding the minor child dependent in July 2007, as she was a resident of Coffee County and/or was present at the time of the filing of the dependency, this court assumed jurisdiction. There is nothing provided to the Court at this time that would indicate the [Florida court] had jurisdiction over this minor child, at the time of the filing of the dependency by [DHR], nor is there anything provided to this Court indicating that Marion County is attempting to assume jurisdiction over this child.”

The juvenile court entered a virtually identical order in the case involving the son.

[1243]

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

Related

M.B. v. B.B.
244 So. 3d 128 (Court of Civil Appeals of Alabama, 2017)
D.G. v. K.H.
155 So. 3d 242 (Court of Civil Appeals of Alabama, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
26 So. 3d 1239, 2009 Ala. Civ. App. LEXIS 371, 2009 WL 1818408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/db-v-coffee-county-department-of-human-resources-alacivapp-2009.