H.T. v. Cleburne County Department of Human Resources

163 So. 3d 1054, 2014 Ala. Civ. App. LEXIS 195, 2014 WL 5072787
CourtCourt of Civil Appeals of Alabama
DecidedOctober 10, 2014
Docket2130528
StatusPublished
Cited by28 cases

This text of 163 So. 3d 1054 (H.T. v. Cleburne 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
H.T. v. Cleburne County Department of Human Resources, 163 So. 3d 1054, 2014 Ala. Civ. App. LEXIS 195, 2014 WL 5072787 (Ala. Ct. App. 2014).

Opinion

DONALDSON, Judge.

H.T. (“the mother”) appeals from a judgment of the Cleburne Juvenile Court (“the juvenile court”) terminating her parental rights to J.A.T. (“the child”). On appeal, the mother contends (1) that the juvenile court lacked jurisdiction over the subject matter of the petition pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”), § 30-3B-101 et seq., Ala.Code 1975, (2) that the [1057]*1057juvenile court improperly certified the judgment terminating her parental rights under Rule 54(b), Ala. R. Civ. P., and (3) that the Cleburne County Department of Human Resources (“DHR”) failed to present clear and convincing evidence to support termination of her parental rights to the child. We conclude that the juvenile court had subject-matter jurisdiction, that the judgment was properly appealable, and that sufficient evidence was presented to support the judgment terminating the mother’s parental rights. Therefore, we affirm the juvenile court’s judgment.

Facts and Procedural History

On November 27, 2013, DHR filed a petition to terminate the parental rights of the mother and J.H. (“the father”) to the child. The juvenile-court clerk assigned the petition case number JU-13-33.02. The case-action summary shows that the mother was served with process by personal service on December 9, 2013. The record does not indicate the location where the mother was served; however, her address on file with the juvenile court at that time was a street address in Fruithurst, Ala-bama (“the Fruithurst address”). The juvenile court set DHR’s petition for trial to begin on February 20, 2014. The father was not personally served with the petition,1 and the juvenile court entered an order granting DHR’s motion to serve him by publication. The trial on the petition to terminate the mother’s parental rights began on February 20, 2014, as previously scheduled, and the juvenile court set a trial regarding the father to begin on April 24, 2014.2

The record contains the following facts relevant to the issues presented for review. The mother had a long history of drug abuse. She had given birth to six children, and each child had been removed from her custody. Testimony indicates that the father of the child in the present case is not the father of any of the mother’s other children. At the time of the trial, the mother’s oldest child lived with her former husband in Georgia. In April 2010, three of the mother’s children were removed from her custody by the Georgia Division of Family and Children’s Services (“GDFCS”) because of the mother’s abuse of methamphetamine, her lack of appropriate housing, and her inability to financially support the children. The three children were placed with paternal relatives. As a pai’t of that case, GDFCS offered the mother a substance-abuse assessment, drug treatment, drug screens, parenting classes, and counseling. Although the mother was initially noncompliant with GDFCS’s recommendations, she eventually entered into inpatient substance-abuse treatment in August 2010. She completed that treatment program and had negative drug screens for one year until she tested positive for methamphetamine in August 2011. Thereafter, GDFCS had difficulty contacting the mother. Testimony indicates that the mother was not able to maintain a stable residence for more than six months and that she was difficult to contact because she frequently moved between Georgia and Alabama.

On January 21, 2012, the mother gave birth to B.T. A month before B.T.’s birth, the mother tested positive for methamphetamine. Shortly after B.T.’s birth, the mother voluntarily severed her relationship with B.T. by signing documents to [1058]*1058facilitate that child’s placement for adoption in Georgia. • On the 2012 adoption-acknowledgment forms, the mother provided the Fruithurst address as her residence.

On April 1, 2013, the mother gave birth to the child at Tanner Medical Center (“the hospital”) in Georgia. At the time of the child’s birth, both the child and the mother tested positive for amphetamines. DHR was notified and contacted the mother at the hospital. Concerning whether DHR or GDFCS would respond to the report regarding the mother and child, Jennifer Rios, a child-abuse-and-neglect investigator with DHR, testified as follows:

“[DHR’S Attorney:] ... [W]hat did you do in response to [receiving the report]?
“[Rios:] There [were] some jurisdictional issues due to the addresses provided to the hospital by [the mother], and — but we made contact with the mother at [the hospital] in Georgia.
“[DHR’S Attorney:] Going back with the jurisdictional issues. What address did [the mother] give the hospital as the address that she would be leaving with the baby and residing there if she left the hospital? Do you recall?
“[Rios:] There were — I didn’t take the call. I just remember that Calhoun County DHR was contacted with an address, but there was no verification that she actually lived there. Haralson [County] or Carroll County[, Georgia], one of the two counties in Georgia were contacted, and they did not take it. I don’t know the exact address. I know that there was one in Ohatchee[, Ala-bama]. [The mother] finally gave one in Fruithurst at her father’s, that’s how we got involved.
“[DHR’S Attorney:] She informed Cleburne County DHR that she was going to be living with her father in Frui-thurst?
“[Rios:] Yes.
“[DHR’S Attorney:] And that was in Cleburne County?
“[Rios:] That’s correct.”

Before the child’s birth, the mother had been living with the father in Georgia, but the record is not clear how long she had been living there. Testimony indicates that D.T. (“the grandfather”), the child’s maternal grandfather, resided at the Frui-thurst address. The mother reported to a DHR worker that she did not want GDFCS in Haralson County, Georgia, contacted because, the mother said, she did not have a good relationship with, that agency.

DHR obtained a pick-up order from the juvenile court and removed the child from the mother’s custody on April 3, 2013.3 DHR brought, the child to Alabama. The record shows that a hearing was held on April 5, 2013, regarding the child and that the mother was present at the hearing. The juvenile court entered an order finding the child to be dependent on April 26, 2013. DHR initially placed the child in foster care in Cleburne County on April 3, 2013. On August 12, 2013, the child was placed with foster parents in Haralson [1059]*1059County, Georgia, who had adopted B.T., the child’s half sibling. The child remained in the custody of the foster parents in Georgia at the time of the trial on the petition to terminate the mother’s parental rights.

. After the child was removed from the mother’s custody, DHR offered the mother various services.. An initial individualized service plan (“ISP”) formulated by DHR on April 5, 2013, with the mother present, established that the mother, in order to be reunited with the child, would be required to provide for the child’s basic needs, to obtain and maintain sobriety in order to adequately parent the child, and to provide safe and stable housing for the child.4

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Cite This Page — Counsel Stack

Bluebook (online)
163 So. 3d 1054, 2014 Ala. Civ. App. LEXIS 195, 2014 WL 5072787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ht-v-cleburne-county-department-of-human-resources-alacivapp-2014.