G.G.N. v. State Department of Human Resources

634 So. 2d 552, 1993 Ala. Civ. App. LEXIS 548
CourtCourt of Civil Appeals of Alabama
DecidedDecember 17, 1993
DocketAV92000404, AV92000405
StatusPublished

This text of 634 So. 2d 552 (G.G.N. 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
G.G.N. v. State Department of Human Resources, 634 So. 2d 552, 1993 Ala. Civ. App. LEXIS 548 (Ala. Ct. App. 1993).

Opinion

THIGPEN, Judge.

This is a termination of parental rights case.

On January 18,1991, the Jefferson County Department of Human Resources (DHR) filed petitions alleging that G.N. (mother) and R.N. (father) had failed to provide adequate shelter and a safe and sanitary environment for their two infant children R.A.N. and R.A.N. On February 27, 1991, the trial court found the children to be dependent, and it granted temporary custody to the paternal grandmother. On December 1, 1992, DHR filed petitions again, alleging that the children were dependent and seeking to terminate the parental rights of the mother and the father. Following ore tenus proceedings, the trial court granted DHR’s petition. The trial court found that the children were dependent, terminated the parental rights of the mother and the father, and awarded permanent custody of both children to DHR. Both the mother and the father appeal, and their appeals are consolidated here.

The issue on appeal is whether there was clear and convincing evidence to support the trial court’s decision to terminate parental rights.

We note at the outset that the termination of one’s parental rights is an extreme matter which will not be considered lightly. Ex parte Beasley, 564 So.2d 950 (Ala.1990). The natural parent’s prima facie right to the custody of his or her child can only be overcome by clear and convincing evidence that permanent removal from the parent’s custody serves the best interests of the child. L.N. v. State Department of Human Resources, 619 So.2d 928 (Ala.Civ.App.1993). In determining the child’s best interests, the trial court must consider whether the parents are physically, financially, and mentally able to care for the child. J.L.B. v. State Department of Human Resources, 608 So.2d 1367 (Ala.Civ.App.1992).

Ala.Code 1975, § 26-18-7(a), provides that a trial court may terminate parental rights if it finds from clear and convincing evidence that the parent is unable or unwilling to discharge his or her responsibilities to and for the child. The court may consider several factors in making the determination of whether a parent is unable to discharge responsibilities to and for the child, including whether reasonable efforts by DHR leading toward rehabilitation of the parent have failed. Ala.Code 1975, § 26-18-7(a)(6).

The record reveals that DHR became involved with this family in March 1989, after receiving a report from a paramedic who was summoned to the home to treat the father for a possible heart attack. The paramedic reported possible carbon monoxide poisoning in the home, and he further reported concerns that the entire family might be suffering carbon monoxide poisoning because of an unventilated kerosene heater. A social worker from DHR testified that when she investigated this report, she found the home to be “grossly inadequate” regarding cleanliness, and that she observed litter and clutter [554]*554including dirty clothing, soiled diapers, rotting food, and evidence that the home was infested with rodents and insects. The social worker further testified that she noticed a gaseous odor she described as “stifling” which made it difficult to breathe. The children were placed in protective custody at that time.

As a result of improved conditions in the home, the children were returned to the custody of the parents in December 1989. The social worker further testified that in January 1991, the children were again placed in protective custody by DHR because the conditions in the home “were deplorable”, i.e., the only means of heat in the home was a toaster oven and a popcorn popper; litter and clutter existed as before; clothes were being dried over the toaster oven; the children had burn blisters on their hands; and the mother had failed to give the younger child prescribed medication for an ear infection.

The record reflects that DHR has continued to monitor and make recommendations to this family since March 1989. During that time, the family has lived in several dwellings, and the social worker has generally found each home in the same condition. The social worker testified that the parents had difficulty managing their money effectively and that untimely payment or nonpayment of bills, including rent and utilities, combined with unhealthy living conditions, had resulted in their eviction. She testified that while the children were in the custody of DHR, the mother and the father lived in various places, including an apartment provided by the Salvation Army, with friends, and in various shelters.

The social worker testified that she and the attorneys for the parties had observed the condition of the home the day of the hearing. She testified that the home was cluttered with items like dirty clothing and dirty dishes, that the home was filled with a strong, foul odor, that the floors and surfaces were extremely dirty, and that there was evidence of insect infestation. She testified that she observed a mousetrap on the floor containing what appeared to be the remains of a dead mouse. The social worker also testified that when the refrigerator door was opened, insects flew out, and that she observed rotting food items in the refrigerator, including cornish hens and fruit.

There was some evidence that the family’s living arrangements had stabilized because the parents had lived in the same home for over a year, and that the mother had been employed at the same job for approximately ten months. The father, however, was unemployed and had no income, and both parents suffered with numerous medical problems. The social worker testified that the one-bedroom apartment did not provide adequate space for the children, and that although the home was “tidier,” she still would not recommend placement of the children in this home. She testified that although the parents improved at times over the years, their improvement was never consistent or prolonged.

This court stated in In re Hickman, 489 So.2d 601, 602 (Ala.Civ.App.1986), that:

“Poverty ..., in the absence of abuse or lack of caring, should not be the criteria for taking away a wanted child from the parents. Such should particularly be the ease when there has been no apparent aid given toward keeping the family together by the agency seeking its termination.”

Although poverty may be a significant factor in this situation, it was not the basis of the judgment. The social worker testified that she had observed homes of poorer families that were cleaner. Furthermore, there is substantial evidence of efforts made by DHR to rehabilitate these parents and to reunite the parents with their children.

The instructor for the parenting class testified that although the parents attended and completed the class, it was her opinion that they were not prepared to provide the necessary support and security to their children. The social worker testified that workers from homemaker services attempted to teach the parents skills to maintain a clean and healthy home environment, to help with meal planning, to provide information on health and nutrition, and to teach budgeting skills. The service also provided the parents with mops, brooms, and other cleaning supplies, and it actually assisted the parents in cleaning the home. Ultimately, these services were terminated after almost two years because the parents were not progressing.

[555]

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Related

Ex Parte State Dept. of Human Resources
624 So. 2d 589 (Supreme Court of Alabama, 1993)
In Re Hickman
489 So. 2d 601 (Court of Civil Appeals of Alabama, 1986)
Lee v. JACKSON COUNTY DEPT. OF PENSIONS & SEC.
470 So. 2d 1294 (Court of Civil Appeals of Alabama, 1985)
Ex Parte Beasley
564 So. 2d 950 (Supreme Court of Alabama, 1990)
L.N. v. State Dept. of Human Resources
619 So. 2d 928 (Court of Civil Appeals of Alabama, 1993)
Jlb v. State Dept. of Human Resources
608 So. 2d 1367 (Court of Civil Appeals of Alabama, 1992)

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Bluebook (online)
634 So. 2d 552, 1993 Ala. Civ. App. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ggn-v-state-department-of-human-resources-alacivapp-1993.