F.D. v. Calhoun County Department of Human Resources

CourtCourt of Civil Appeals of Alabama
DecidedDecember 19, 2025
DocketCL-2025-0273
StatusPublished

This text of F.D. v. Calhoun County Department of Human Resources (F.D. v. Calhoun 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
F.D. v. Calhoun County Department of Human Resources, (Ala. Ct. App. 2025).

Opinion

Rel: December 19, 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, 2025-2026 _________________________

CL-2025-0273 _________________________

F.D.

v.

Calhoun County Department of Human Resources _________________________

CL-2025-0276 _________________________

T.M.

Calhoun County Department of Human Resources

Appeals from Calhoun Juvenile Court (JU-23-737.02) CL-2025-0273 and CL-2025-0276

FRIDY, Judge.

F.D. ("the father") and T.M. ("the mother") appeal from a judgment

of the Calhoun Juvenile Court ("the juvenile court") terminating their

parental rights to their child, T.D. ("the child"). For the reasons set forth

herein, we affirm the judgment.

Background

On January 23, 2025, the Calhoun County Department of Human

Resources ("DHR") filed in the juvenile court a petition seeking to

terminate the parental rights of the mother and the father on the grounds

that, among other things, they each had a history of excessive use of

alcohol or controlled substances of a duration or nature that rendered

them unable to care for the child, they had failed to provide for the

material needs of the child, they had failed to maintain regular visitation

with the child, they were unable or unwilling to discharge their

responsibilities to and for the child or their conduct rendered them

unable to properly care for the child and that conduct was unlikely to

change in the foreseeable future, and they had failed to put forth effort

to adjust their circumstances to meet the needs of the child. In the

petition, DHR noted that the juvenile court had previously found the

2 CL-2025-0273 and CL-2025-0276

child dependent. The juvenile court held a trial on the petition on April

3, 2025.

At the trial, Courtney Surrett, a caseworker with DHR, testified

that DHR became involved with the child in May 2023, after receiving a

report that the father was hiding from law-enforcement officials behind

a shed with the child, who was then two years old. When the father was

arrested, law-enforcement officials found that he had a syringe with him.

The father was arrested for having the syringe and for having

outstanding warrants, Surrett said. Because the mother was in a

rehabilitation facility, and had been for about four months, when the

father was arrested, the child was placed in foster care about five days

after DHR became involved. Surrett said that the child remained in the

same foster home at the time of the trial.

Surrett said that DHR provided the mother with parenting classes

and that the mother completed a psychiatric evaluation that DHR had

requested. DHR also directed the mother to complete the rehabilitation

program she was in when the child entered foster care, but she did not

do so, Surrett said. The mother relapsed within months of failing to

complete the rehabilitation program, and, later in 2023, she returned to

3 CL-2025-0273 and CL-2025-0276

the same rehabilitation facility. On that occasion, Surrett said, the

mother completed the program in November 2024. However, a drug

screen to which the mother submitted just a few months later indicated

that she had relapsed again.

Alexis Movitz, the coordinator of the Calhoun County family drug

court, testified that the mother, who was in the color-code drug-testing

program, participated in most of the drug screens she was asked to take.

Edward Akers, the director of the Calhoun County Drug Testing

Laboratory, testified that the results of the mother's drug screen to which

the mother submitted on January 2, 2025, indicated that she was positive

for benzodiazepine and opiates. The drug-testing laboratory's donor-test-

details log, a copy of which was submitted into evidence, indicated that

the results of the drug screen conducted on the mother the next day were

negative, as were the three other screens to which she submitted between

January 3 and January 15, 2025. Movitz testified that, after January 16,

2025, the mother had submitted to only one drug screen on February 12,

2025, the results of which were negative, and had missed twenty tests.

Surrett said that the father was incarcerated off and on throughout

the entire case and that DHR was unable to offer him any services while

4 CL-2025-0273 and CL-2025-0276

he was in jail. She said that, when he was released "later in the case," he

entered rehabilitation. Surrett said that DHR was eventually able to hold

an individualized-service-plan ("ISP") meeting for the father and that he

was directed to complete rehabilitation, participate in the color-code

drug-testing program, and complete a psychiatric evaluation. She

testified that the father did not complete the rehabilitation program.

Regarding the father's participation in the drug-testing program,

Movitz testified that, between September 2024 and trial, which was held

on April 3, 2025, the father did not submit to forty of the drug screens he

was supposed to take under the program. The drug-testing laboratory's

log pertaining to the father indicates that, from September 19 to October

28, 2024, the father had twelve drug screens, all of which were negative;

however, from October 31, 2024, through March 28, 2025, the father

submitted to only one drug screen. Akers testified that the results of that

screen, to which the father submitted on February 12, 2025, indicated

that he was positive for alcohol, amphetamines, methamphetamine,

Fentanyl, and marijuana.

Surrett said that, "a couple of weeks" before the trial on DHR's

termination petition, she learned that the mother and the father were

5 CL-2025-0273 and CL-2025-0276

found passed out in a pickup truck where drugs were found. The mother

was arrested for public intoxication, and the father was arrested for

possession of a controlled substance. Surrett said that she had heard that

the charges against the mother had been dismissed.

Surrett testified that she last communicated with the mother and

the father in January 2025. January 2025 was also the last time the

mother visited the child, Surrett said, and, after that visit, the mother

did not contact DHR to check on the child. She added that, at the time of

the trial, she did not know where the mother and the father were or if

they even had a house.

Surrett testified that neither the mother nor the father had

provided any material support like food or clothing for the child. Leon

Ziglar, the DHR child-support supervisor, testified that, during the

pendency of the child's case, the mother made one court-ordered child-

support payment and that she was $4,538 in arrears at the time of the

trial.

The father had not visited the child since October 2024, Surrett

said, and he had not contacted DHR to check on the child since January

2025. She said that the father had not given the child a Christmas

6 CL-2025-0273 and CL-2025-0276

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