Glc v. State Dept. of Human Resources

777 So. 2d 706, 1999 WL 112511
CourtCourt of Civil Appeals of Alabama
DecidedAugust 18, 2000
Docket2971032
StatusPublished
Cited by5 cases

This text of 777 So. 2d 706 (Glc v. State Dept. 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
Glc v. State Dept. of Human Resources, 777 So. 2d 706, 1999 WL 112511 (Ala. Ct. App. 2000).

Opinion

777 So.2d 706 (1999)

G.L.C.
v.
STATE DEPARTMENT OF HUMAN RESOURCES.

2971032.

Court of Civil Appeals of Alabama.

March 5, 1999.
Rehearing Denied December 3, 1999.
Certiorari Quashed August 18, 2000.

*707 C. Blake West, Cullman, for appellant.

J. Coleman Campbell and Lynn S. Merrill, asst. attys. gen., Department of Human Resources, for appellee.

Alabama Supreme Court (1990511).

YATES, Judge.

This case involves the termination of parental rights of the father, G.L.C., as to his minor child. The Cullman County Department of Human Resources ("DHR") petitioned the court for permanent custody of the child on November 6, 1997, and requested the court to terminate the parental rights of the mother and father. The petition alleged that the father was in prison; that the mother had relinquished her parental rights; that the child had been in DHR's custody since August 1994, shortly after the child's birth; and that both parents had been neglectful and abusive toward the child. Also on November 6, DHR submitted to the court a confidential report, which identified both the mother and father as being dysfunctional, with histories of alcohol and drug abuse, and as having a history of marital discord and domestic violence. The report also stated that the father has an extensive criminal history. The mother voluntarily relinquished her parental rights before trial, and she is not a party to this appeal.

On January 29, 1998, the court granted the father a hearing in response to the father's pro se answer filed in December 1997 requesting that he be considered as a fit and proper person to care for his child, or, in the alternative, that the court consider relatives who could care for the child until the father's release from prison.

Following ore tenus proceedings, the court, on May 15, 1998, terminated the father's parental rights, stating:

"3. [G.L.C.], father of the minor child, is a prisoner of the State of Alabama and is presently serving time for forged instrument charges. [G.L.C.], has previously served jail time for manslaughter.
"4. There is a history of domestic violence between [G.L.C. and the mother], parents of the minor child. [The mother's] first contact with [DHR] was in August of 1994 while she was at Harbor House because of domestic violence.
"5. [G.L.C.], father of minor child, has a history of drug and alcohol use.
"6. [G.L.C.], father of minor child, has not seen the minor child since September 1996.
"7. [DHR] has exhausted all reasonable alternatives available as alternatives to termination of parental rights.
"8. [DHR] has explored relative resources and the Court finds that there are no relative resources which are appropriate for the child for either temporary or permanent placement."

The father raises several issues on appeal: (1) whether the trial court erred in allowing testimony over hearsay objections; (2) whether § 26-18-7(a)(4), Ala. Code 1975, is unconstitutional in that it imposes two punishments upon a person for a single crime, or in that an accused is not informed of the full effect of a guilty plea; (3), (4), and (5) whether DHR met its *708 burden regarding viable alternatives to termination; and (6) whether the trial court erred in admitting into evidence a "Confidential Report" submitted by DHR.

As to the first and last issue, we will consider these jointly because they both relate to oral and written evidence presented at trial. This court has held that hearsay testimony and written reports are admissible as evidence under § 12-15-65(h), Ala.Code 1975 (Cum.Supp.1998), when a child has been previously declared dependent. That section provides:

"(h) In disposition hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though not competent in a hearing on the petition. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports."

(Formerly § 12-15-65(g)).

This court has consistently held that in-court testimony that corroborates, and in many instances duplicates, the information contained in written reports is not a violation of the hearsay rule. Here, the father was afforded the opportunity to cross-examine witnesses and to controvert any written evidence submitted. Further, based on the cumulative evidence presented, this court finds that any possible error was harmless. See J.L. v. State Dep't of Human Resources, 688 So.2d 868 (Ala.Civ. App.1997) (citing J.V. v. State Dep't of Human Resources, 656 So.2d 1234, 1237 (Ala.Civ.App.1995)); and T.W.W. v. Lauderdale County Dep't of Human Resources, 628 So.2d 761, 762 (Ala.Civ.App.1993).

As to the second issue, we find no authority to support the father's claim that § 26-18-7(a)(4), Ala.Code 1975, is unconstitutional. The termination of parental rights is a civil matter, not a criminal or quasi-criminal matter, and, therefore, the father's argument regarding double jeopardy is inapplicable. Any "conviction of and imprisonment for a felony" is clearly within the grounds a court may consider in terminating parental rights. Ex parte Beasley, 564 So.2d 950, 952 (Ala. 1990) (citing § 26-18-7, Ala.Code 1975). The record reveals that the father had an extensive criminal history, which included convictions for manslaughter and drug possession, and, at the time of trial imprisonment on forged-instrument charges. The court is allowed to consider all factors that weigh on a parent's ability to discharge his or her parental responsibilities. Id.

The remaining issues relate to DHR's burden of proving by clear and convincing evidence that there were no viable alternatives to terminating the father's parental rights. To terminate the parental rights upon the State's petition, a court must make several findings. First, the court must determine that the child is dependent, according to clear and convincing evidence. Second, the court must find that there exist no viable alternatives to termination of the parent's custodial rights. J.L., 688 So.2d 868. Although a child's parents have a prima facie right to custody, the paramount concern in these proceedings is the best interest of the child. Id., at 869. When ore tenus evidence is presented in a case involving the termination of parental rights, the judgment of the trial court based on that evidence is presumed correct and will be set aside only if the record shows the judgment to be plainly and palpably wrong. L.A.G. v. State Dep't of Human Resources, 681 So.2d 596, 598 (Ala.Civ.App.1996).

Reciting all of the facts in this case would serve no useful purpose. The record indicates that relative resources were investigated and that none were found to be willing and able to care for the child. We note that although there was conflicting testimony regarding the child's paternal aunt's prior willingness to taking *709 him, the aunt testified that she did not want the child unless a DNA test was completed that proved that G.L.C.

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Bluebook (online)
777 So. 2d 706, 1999 WL 112511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glc-v-state-dept-of-human-resources-alacivapp-2000.