Jah v. Calhoun Cty. Dept. of Human Res.

865 So. 2d 1228, 2003 Ala. Civ. App. LEXIS 354, 2003 WL 21205854
CourtCourt of Civil Appeals of Alabama
DecidedMay 23, 2003
Docket2020206
StatusPublished
Cited by3 cases

This text of 865 So. 2d 1228 (Jah v. Calhoun Cty. Dept. of Human Res.) 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
Jah v. Calhoun Cty. Dept. of Human Res., 865 So. 2d 1228, 2003 Ala. Civ. App. LEXIS 354, 2003 WL 21205854 (Ala. Ct. App. 2003).

Opinion

865 So.2d 1228 (2003)

J.A.H.
v.
CALHOUN COUNTY DEPARTMENT OF HUMAN RESOURCES.

2020206.

Court of Civil Appeals of Alabama.

May 23, 2003.

Nancy P. Vernon of Maloney & Vernon, L.L.C., Jacksonville, for appellant.

William H. Pryor, Jr., atty. gen.; and J. Coleman Campbell, deputy atty. gen.; and Lynn S. Merrill and Connie M. Carraway, asst. attys. gen., Department of Human Resources, for appellee.

THOMPSON, Judge.

This case has previously been before this court. At the original hearing scheduled in this matter, M.H. ("the mother") and J.A.H. ("the father"), were represented by the same court-appointed attorney. Before the hearing began, the mother and the father separated; the court-appointed attorney ceased representing the father due to a conflict of interest. On April 3, 2002, the Calhoun Juvenile Court ("the trial court") terminated the mother's and *1229 father's parental rights to H.L.H. ("the child"). The father appealed and this court reversed the trial court's decision to terminate the father's parental rights and remanded the action to the trial court so that it could appoint counsel to represent the father. See J.A.H. v. Calhoun County Dep't of Human Res., 846 So.2d 1093 (Ala. Civ.App.2002).

On remand, the trial court appointed an attorney to represent the father. On November 21, 2002, the trial court held a hearing and terminated the father's parental rights. The father filed a timely appeal.

The father, who was 25 years old at the time of the hearing, testified that on August 20, 2001, he pleaded guilty to 4 counts of armed robbery. The father was sentenced to serve 4 consecutive 25-year terms of imprisonment and was incarcerated in the Ventress Correctional Facility. The father will not be eligible for parole until September 2009; at that time, the child will be 10 years old. At the time the hearing commenced, the father had not visited with the child in two years, even though he had been imprisoned for only one year and three months. The father testified that he did not know the child's date of birth.

Linda Bodenheimer, a clinical psychologist, evaluated the father in July 1999 by administering a series of tests. Based on those tests, Bodenheimer concluded that the father was depressed unless he was acting out against someone; Bodenheimer also concluded that the father was self-centered and did not respect authority. Bodenheimer testified that the father's intelligence was "borderline" and that his reading and writing skills were below average; however, she noted that the father had "street smarts." Bodenheimer noted that the father was most concerned with his own problems and that he did not put the child's needs ahead of his own. Bodenheimer acknowledged that she had not observed the father with the child, but she stated that, based on his psychological evaluation, it would be "extremely difficult" for the father to properly parent the child.

James Holiday served as the mother and father's marriage and family therapist, and he counseled the father individually. Holiday testified that, in the beginning, the father responded well to therapy and his overall well-being improved dramatically. According to Holiday, the father's financial situation worsened, and the Department of Human Resources ("DHR") then removed the child from his home. Additionally, Holiday testified that the father was unable to obtain permanent employment and that he lived in seven different residences during the course of the counseling. The father admitted to Holiday that he was abusing illegal drugs during the period that he was undergoing counseling. According to Holiday, the father's progress ceased and further attempts at counseling him failed.

Due to worsening financial conditions, the father was forced to take in boarders to pay his rent. According to Holiday's testimony, at least one of the boarders was discovered smoking marijuana in the father's residence; the father eventually forced that boarder to leave his residence. The residence itself was unkempt, filled with overturned ashtrays and scraps of uneaten food. Lorna Usrey, a DHR counselor, testified that the father admitted that, during the period that the father's financial situation was worsening, he and the mother began verbally abusing one another. Usrey also stated that the mother and the father both reported having sexual relations outside of the marriage.

Gloria Craig, a DHR employee, testified that the father's Individualized Service *1230 Plan ("ISP") required that he attempt to end his use of drugs and alcohol. According to Craig, the father failed every random drug screening that she supervised. Yvonne Gilley, the DHR program supervisor, testified that the father passed only one drug screening during DHR's involvement with him and the child. According to Gilley, the father did not comply with the ISP requirements that he improve his financial situation, end his drug use, and improve his marital relationship with the mother.

Craig was assigned to interview those relatives that might serve as an alternative placement for the child. The child was placed with B.H. ("the uncle") and C.H. ("the aunt") for approximately one month, but that placement ended at the aunt's request because she and the uncle were experiencing marital difficulties. The paternal grandmother was not considered as a relative placement because DHR was investigating allegations of child abuse and neglect made against her. The father's brother was contacted but indicated that he was financially unable to care for the child. J.H., whose name was listed as a relative placement, was disqualified when DHR discovered that he was not the child's blood relative. Craig noted that, during the search for relative placements, the father attended very few visitations with the child; however, she also noted that, during the visitations he did attend, he and the child interacted well.

Elaine Hubbard, a social worker who supervised the child's foster care, testified that DHR has had custody of the child since 2000. Hubbard stated that, at the time she was assigned to the child's case, the child was three years old and had been in DHR's custody for two years. At the time DHR took custody of the child, she had problems with her speech, and she was prone to kicking, hitting, and biting both people and objects. Hubbard visited the father in jail, seeking information about relative-placement options. Hubbard testified that the father only provided a list of first names of people to be considered as potential relative placements; that list did not contain addresses or phone numbers. Hubbard performed a home study on the paternal grandmother and stated that the paternal grandmother was very ill and that, financially, her debt far exceeded her income.

Stacey Rolfe, a DHR employee assigned to the foster-care and adoption unit, testified that the child has been diagnosed with fetal alcohol syndrome and a speech disorder. The child was receiving therapy and was enrolled in a behavior-modification plan devised by an agency referred to in the record as the "Mental Health Center." Rolfe reported that the child had been placed with a stable foster-care family and that DHR had arranged for the adoption of the child with an unspecified family if the father's parental rights were terminated. Rolfe testified that, except for the paternal grandmother, not one of the father's relatives had contacted DHR offering to serve as a placement for the child.

In its November 21, 2002, order, the trial court found that the child had been previously adjudicated dependent on July 12, 1999, and that she was still dependent at the time of the hearing in this matter.

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Bluebook (online)
865 So. 2d 1228, 2003 Ala. Civ. App. LEXIS 354, 2003 WL 21205854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jah-v-calhoun-cty-dept-of-human-res-alacivapp-2003.