D.M. v. M.E.

71 So. 3d 701, 2011 Ala. Civ. App. LEXIS 107, 2011 WL 1449042
CourtCourt of Civil Appeals of Alabama
DecidedApril 15, 2011
Docket2091144, 2091145, 2091146, and 2091147
StatusPublished
Cited by1 cases

This text of 71 So. 3d 701 (D.M. v. M.E.) 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.M. v. M.E., 71 So. 3d 701, 2011 Ala. Civ. App. LEXIS 107, 2011 WL 1449042 (Ala. Ct. App. 2011).

Opinion

THOMPSON, Presiding Judge.

D.M. (“the mother”) and M.M. (“the father”) appeal four separate judgments finding their four children dependent and awarding custody of the children to M.E. (“the maternal grandmother”).

The matter currently under appeal was initiated in October 2008, when the maternal grandmother filed a petition in the Tuscaloosa Juvenile Court (“the juvenile court”) alleging that J.M.M. was dependent and seeking an award of custody of that child. In her petition, the maternal grandmother alleged that the father and the mother had emotionally abused J.M.M. and that the father had physically abused him. The record indicates that, pursuant to a consent order based on an agreement between the parents and the maternal grandmother, J.M.M. began living with the maternal grandmother at approximately the same time the dependency petition was filed.

In December 2008, Carl Montgomery, in his capacity as the attendance supervisor for the Tuscaloosa City Board of Education (“the Board”), filed petitions in the juvenile court seeking to have the parents’ other three children, J.L.M., C.S.M., and M.L.M., declared dependent. Each of those petitions contained the allegation that “[the child’s] parents ... have failed to exercise their duty as parents to provide the proper care for [the child] in order to ensure her regular school attendance. [The child] has a severe ‘head lice’ infestation that prevents her from attending school regularly.” The juvenile intake officer sent letters to the Tuscaloosa Department of Human Resources (“DHR”) asking it to investigate the three dependency petitions initiated by Montgomery on behalf of the Board.

The juvenile court conducted a hearing on the dependency petitions. On January 21, 2009, the juvenile court entered separate orders finding that there existed “probable cause” that all four children were dependent and awarding pendente lite custody of the children to the maternal grandmother.1 The parents were awarded weekly visitation with the children, but the January 21, 2009, orders specified that the visitation not be conducted in the parents’ home. In August 2009, the children’s guardian ad litem filed a motion to require that the parents’ visitation with the children be supervised, and the juvenile court granted that motion.

In September 2009, the juvenile court entered an order removing J.M.M. from the maternal grandmother’s custody and awarding pendente lite custody of him to [703]*703DHR. The record indicates that J.M.M. was placed in a local group home.

The juvenile court conducted an ore ten-us dependency hearing over the course of four days between October 2009 and April 2010. On August 26, 2010, it entered judgments finding the youngest three children dependent, awarding custody of the children to the maternal grandmother, and awarding the parents visitation. On that same date, the juvenile court also entered a judgment in which it purported to find J.M.M. dependent and award custody of him to DHR. The parents timely appealed each of the dependency judgments. This court, ex mero motu, consolidated the appeals.

The two oldest children, J.M.M. and J.L.M., are the biological children of the mother. The father adopted J.M.M. and J.L.M. shortly after the parties married. The father testified that he could not recall how long the parties had been married, but he stated that J.M.M. and J.L.M. were five and four years old, respectively, when he adopted them. Thus, it appears that the parents were married in approximately the mid 1990s. C.S.M. and M.L.M. were born to the parents in 1999 and 2000, respectively.

DHR began investigating the mother and the father in 2002, when it received reports of inadequate hygiene for J.M.M. and J.L.M. That investigation resulted in “indicated” findings for inadequate hygiene. In November 2002, the parents took M.L.M., who was almost two years old at the time, for medical treatment for what the DHR social worker characterized as a severe diaper rash that caused blistering burns. Photographs of the child’s condition at that time were admitted into evidence. In her testimony at the dependency hearing, the mother insisted that the blistering burns occurred within a 24-hour period and that the condition was not attributable to the parents’ failure to change the child’s diaper. Angela Baker Jones, a DHR social worker, testified that, as a result of the severe blisters to the child, DHR’s investigation into that incident resulted in an “indicated” finding; Jones did not specify whether that finding was indicated for hygiene issues or for neglect of M.L.M. At the time of the 2002 incidents, DHR arranged for a case aide to provide homemaking services, such as assisting the family with routines for bathing, washing clothes, and general housekeeping chores. Those services were provided to the family between October 2002 and April 2003, when the DHR investigation was closed.

In October 2003, DHR once again became involved with the family when J.L.M., who was then 10 years old, was shot in the arm while in the parents’ home. The mother and the father were outside in the yard of the home when that shooting occurred. The mother denied the accuracy of the police report stating that J.L.M. had been playing with the gun before it discharged. The mother also disputed a version, apparently related to DHR social workers by the children, that C.S.M. had been playing with the gun when it went off and that she had accidently shot J.L.M. Rather, the mother testified that the children had been playing inside and had inadvertently knocked the pistol from its resting place on an entertainment center; the mother stated that the pistol discharged when it landed on the floor. J.M.M. testified that the incident happened in a manner similar to that to which the mother testified. The father stated that he did not know how the incident had occurred.

Jones testified that the police report completed at the time of the October 2003 shooting incident indicated that the parents’ house was filthy. Jones stated that DHR records indicated that the children stayed with the maternal grandmother for [704]*704the weekend following the shooting incident so that the parents could clean the family’s home. Jones also testified that DHR’s investigation into the October 2003 shooting incident resulted in a finding of inadequate supervision of the children by the parents.

Jones testified that, in October 2004, DHR received a report alleging sexual abuse of at least one of the children by the father and physical abuse of the children by both parents; Jones stated that there was no indicated finding for abuse as to either parent as a result of the investigation into that 2004 report.

The predominant issue upon which the parties presented evidence was the family’s long history with hygiene problems, especially lice infestations. Although some of the evidence pertaining to the lice infestations is somewhat vague, it is clear that lice and hygiene problems have been a consistent issue for the family for a number of years. The mother admitted that lice had been a problem since even before DHR became involved with the family in 2002.

It is undisputed that the children were sent home from school repeatedly with lice and that often the children were not allowed to return to school because the parents had failed to properly treat and remove the lice. Montgomery, the attendance supervisor for the Board, testified that the children, had missed a great deal of school because of the problems with lice and hygiene.

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Related

C.K.L. v. C.L.M.
192 So. 3d 18 (Court of Civil Appeals of Alabama, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
71 So. 3d 701, 2011 Ala. Civ. App. LEXIS 107, 2011 WL 1449042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-me-alacivapp-2011.