J.B.B. v. Alabama Department of Human Resources

120 So. 3d 517, 2013 WL 135569, 2013 Ala. Civ. App. LEXIS 7
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 11, 2013
Docket2110550 and 2110568
StatusPublished
Cited by11 cases

This text of 120 So. 3d 517 (J.B.B. v. Alabama 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
J.B.B. v. Alabama Department of Human Resources, 120 So. 3d 517, 2013 WL 135569, 2013 Ala. Civ. App. LEXIS 7 (Ala. Ct. App. 2013).

Opinions

PITTMAN, Judge.

J.B.B. (“the mother”) and J.W.B. (“the father”) separately appeal from judgments terminating their parental rights to their two sons: J.B., who was born on February 4, 2000; and T.B., who was born on July 19, 2002. This court consolidated the appeals, and we now affirm the judgments in both cases.

Facts and Procedural History

The parents married in 2003, after the births of J.B. and T.B., but the father was listed on each child’s birth certificate and has acknowledged that the children are his. The mother has another biological son, Z.B., by a prior relationship. Z.B., who is four years older than J.B., was adopted by the maternal grandparents when he was a baby. Although Z.B. lived with the maternal grandparents, he often visited in the home of the mother and his two half brothers.

[520]*520In July 2006, social workers from the Jefferson County Department of Human Resources (“DHR”) removed J.B. and T.B. from the parents’ home following reports of domestic violence between the parents.1 In September 2006, the Jefferson Juvenile Court determined that J.B. and T.B. were dependent and awarded their custody to DHR. The children were placed in foster care, and the parents were allowed visitation supervised by DHR. During the first year following the removal of the children from their custody, the parents completed courses on parenting skills, domestic violence, and anger management; they also underwent drug assessments and psychological evaluations, and they participated in individual and couples’ counseling.

The father’s psychological evaluation revealed that he has a full-scale I.Q. of 78. In elementary school, he had been diagnosed with a learning disability as well as attention-deficit/hyperactivity disorder (“ADHD”) and obsessive-compulsive disorder. His adult diagnoses are that he abuses alcohol, that he suffers from major depression, and that he has a generalized anxiety disorder, an impulse disorder not otherwise specified, and an antisocial-personality disorder with narcissistic personality traits and paranoid personality features. He has received Supplemental Security Income benefits for a learning disability since he was in the fifth grade; at the time of trial he was 32 years old.

The mother’s psychological evaluation disclosed that she has a full-scale I.Q. of 82, that she suffers from dysthymic disorder (chronic depression, but with less severity than major depression), and that she has a personality disorder not otherwise specified, with borderline and avoi-dant features. At the time of trial, she was 35 years old.

During the first year following their removal from the parents’ custody, J.B. and T.B. lived in three different foster homes. Each change of residence was precipitated by an allegation of foster-parent abuse of the children. Both boys suffered from enuresis (the inability to control the passage of urine) and encopresis (the inability to control the passage of stool). J.B. is aggressive and T.B. is more docile. During the children’s third placement, Rowan-na Woods, a court-appointed special advocate (“CASA”), was assigned to the case.

In July 2007, J.B. and T.B. were placed with the maternal grandparents and provided with services from Youth Villages. In August 2007, J.B. started the school year in the second grade but experienced academic difficulties and was placed back in the first grade. In October 2007, J.B. was exhibiting unruly and aggressive behavior at school to such an extent that he was sent to an alternative school. Shortly thereafter, the juvenile court determined that J.B. was a multi-needs child and J.B. was admitted to Hill Crest Behavioral Health Systems Hospital (“Hill Crest”), [521]*521where he was diagnosed as suffering from bipolar disorder, post-traumatic stress disorder, impulse-control disorder, and ADHD. J.B. was prescribed an anti-anxiety drug (clonazepam), two mood stabilizers (risperidone and oxcarbazepine), and an ADHD medication.

In January 2008, the juvenile court granted the parents unsupervised weekend visitation with the children. In early April 2008, the juvenile court amended its visitation order on motion of the children’s guardian ad litem, who alleged that the children had reported that the father was abusing alcohol during weekend visitations. The juvenile court ordered the parents not to have any alcoholic beverages in the home while the children were present, made the father’s visitation subject to the mother’s supervision, and directed the father to have a substance-abuse assessment. The assessment was negative for all controlled substances.

In late April 2008, teachers at J.B.’s school reported to Woods, the CASA, that J.B. was exhibiting inappropriate sexual-ized behavior at school. When the teachers questioned J.B. about his behavior, J.B. stated that he had seen pictures of naked women that his father kept in a basement room. The teachers reported that J.B. tended to be very sleepy on Mondays; J.B. explained that his father or his brother had kept him up until late at night and that he did not get any rest. The teachers noted that J.B.’s sexualized behavior was more extreme on Mondays after he had spent the weekend with his parents and that such behavior diminished as the week progressed.

After hearing evidence that both parents were employed, that they had rented a two-bedroom house in Adamsville, and that they had complied with all aspects of DHR’s service plan, the juvenile court, on June 26, 2008, returned custody of the children to the parents, ordered family counseling, and required the father to undergo individual counseling. Woods, the CASA, visited the parents’ home in July 2008, shortly after the children had been returned to the parents. On that occasion, Woods said, the father had become very angry and had retreated to the bedroom, after which J.B. had come out of the bedroom with a “funny little smile” and had said to the mother: “Daddy’s in the bedroom doing what he does when you’re in there.” According to Woods, the mother asked what the father was doing and J.B. would not say. Woods returned the following day and the mother acknowledged to Woods that the father “had problems, and she was going to lose her children again because of that, but that [the father] needed help.” In subsequent visits to the home, Woods noticed that the mother had bruises on her face and that T.B. had a black eye; the mother, however, denied any abuse by the father. Then, in October 2008, the mother informed Woods that she planned to take the children, leave the marital home that day without the father’s knowledge, and go to live with the maternal grandparents. The mother carried out her plan the following day, and, for five months, the mother and the children lived with the maternal grandparents and Z.B.

In March 2009, J.B. and T.B. were removed from the mother’s custody after DHR received a child-abuse-and-neglect report from the staff at T.B.’s school. T.B. had defecated in his pants, and, in helping him to clean himself, the school nurse had seen that T.B.’s anus was enlarged and irritated. When the nurse asked T.B. what had happened, T.B. reported that his half brother, Z.B., had sexually abused him. On March 30, 2009, the juvenile court awarded custody of J.B. and T.B. to DHR; directed that J.B., T.B., and Z.B. submit to forensic interviews at [522]*522the Prescott House Children’s Advocacy Center (“Prescott House”) and to forensic examinations at the Children’s Hospital Intervention and Prevention Services Clinic; and ordered that J.B., T.B., and Z.B.

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120 So. 3d 517, 2013 WL 135569, 2013 Ala. Civ. App. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jbb-v-alabama-department-of-human-resources-alacivapp-2013.