Jefferson County Department of Human Resources v. L.S.

60 So. 3d 308, 2010 Ala. Civ. App. LEXIS 313, 2010 WL 4262285
CourtCourt of Civil Appeals of Alabama
DecidedOctober 29, 2010
Docket2090668
StatusPublished
Cited by7 cases

This text of 60 So. 3d 308 (Jefferson County Department of Human Resources v. L.S.) 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
Jefferson County Department of Human Resources v. L.S., 60 So. 3d 308, 2010 Ala. Civ. App. LEXIS 313, 2010 WL 4262285 (Ala. Ct. App. 2010).

Opinion

THOMPSON, Presiding Judge.

The Jefferson County Department of Human Resources (“DHR”) appeals a judgment denying its petitions seeking to terminate the parental rights of L.S. (“the mother”) to C.M. and K.S. (hereinafter sometimes referred to as “the children”).

We note that although the separate actions related to the children were not formally consolidated in the juvenile court, the parties and the juvenile court treated the actions as if they had been consolidated. In April 2008, P.W. (“the maternal grandmother”) moved to intervene, and the juvenile court granted that motion. The maternal grandmother did not assert a claim seeking custody of the children; rather, she testified at the termination hearing that she wanted to be a relative placement for the children.

On July 30, 2008, DHR filed separate petitions seeking to terminate the mother’s parental rights to two of her children, C.M. and K.S.1 The hearing on DHR’s petitions was continued several times and was ultimately conducted on February 17, 2010. On March 15, 2010, the juvenile court entered a single judgment relating to both actions in which it denied DHR’s petitions seeking to terminate parental rights. DHR filed a postjudgment motion, which the juvenile court denied. DHR timely appealed.

The record indicates that C.M. was born in March 2002 and that in 2005, the mother lost custody of C.M. and his two older siblings, K.C. and C.S.; it appears that at some point thereafter custody of C.M. and the older siblings was awarded to the children’s maternal aunt and the maternal grandmother.2 The mother explained that she had lost custody because she had tested positive for the use of cocaine and marijuana and because she could not provide housing for C.M., K.C., and C.S.

K.S. was born in April 2006, and she was apparently immediately placed in the custody of the maternal aunt and the maternal grandmother. The mother has never had custody of K.S.

On December 16, 2006, DHR filed petitions seeking to have C.M. and K.S. and their older siblings removed from the custody of the maternal grandmother and the maternal aunt and declared dependent. In those petitions, DHR alleged that K.S. had been severely burned and that her custodians’ explanations of the cause of the injury were inconsistent. We note that although all four children were initially placed in foster care together, C.S. was eventually placed in the custody of a relative and K.C. was placed in the custody of her godmother. C.S. and K.C. are not subjects of this appeal. C.M. and K.S. [310]*310(hereinafter together referred to as “the children”) have remained in foster care since December 2006.

In 2005, when DHR first became involved with the family, the DHR social worker originally assigned the case formulated an Individualized Service Plan (“ISP”). Pursuant to that ISP, the social worker arranged for the mother to obtain substance-abuse treatment and a psychological examination. The record contains no evidence pertaining to the results of the psychological examination. Other goals of the ISP were that the mother submit to random drug-screen testing, attend Alcoholics Anonymous or Narcotics Anonymous meetings, attend parenting classes, and maintain employment and a stable residence.

The mother testified that she had completed an inpatient substance-abuse treatment program in 2006. At the termination hearing, the mother testified that she had not used drugs since she had completed substance-abuse treatment in 2006. She later testified that, at the time of the February 17, 2010, termination hearing, she had been “clean” for two months. The mother clarified that she had not used cocaine since September 2009 and that she had last used marijuana a few months before the termination hearing.

The mother admitted that she had not submitted to the random drug screens required by DHR under a “color coding” system. The mother testified that she had no particular reason for failing to take those drug-screen tests.

Prior to the termination hearing, the mother had submitted to drug-screen tests that appear to relate primarily to the dates of the periodic-review hearings in this matter. DHR submitted into evidence the results for the 10 drug-screen tests to which the mother had submitted since 2005.3 Seven of the 10 drug-screen tests were positive for the use of cocaine, marijuana, or both.4 Most recently, the mother had tested positive for cocaine and marijuana at a September 2009 review hearing. The mother also tested positive for the use of marijuana at the time of the February 2010 termination hearing.

Linda Ward, the DHR social worker assigned to the case between January 2007 and January 2008, testified that the mother made no progress toward reunification during the time she had been assigned to the case. Ward stated that she had never known the mother’s whereabouts and that the only way to contact the mother had been to leave messages with the maternal grandmother.

The mother testified that she had not been employed in 2006 or 2007. The mother worked full time as a cook in 2008, and she stated that she had earned approximately $190 per week. The mother testified that she had worked approximately two to three months for a temporary-services company in 2009.

At the time of the termination hearing, the mother was unemployed but was attending a job-training program. The mother stated that she received $150 from that program each time she completed a job-training class; she stated that “it might take a month, two months” to complete each of those classes.

[311]*311The mother testified that she had maintained the same three-bedroom home since 2007. According to the mother, her monthly expenses were approximately $1,100. The mother explained that the maternal grandmother helped her pay her monthly expenses. The mother testified that she could not say that the maternal grandmother had committed to support her financially, but she stated that the maternal grandmother “helps” her financially.

In November 2007, the juvenile court entered an order requiring the mother to pay $100 per month in child support. The mother testified that, at the time of the February 2010 termination hearing, she had paid a total of approximately $200 in child support.

The mother testified that she visited the children every third Friday. The mother stated that she does not have transportation, so the maternal grandmother would drive her to a McDonald’s restaurant to meet the foster mother and the children for visitation. We note that, during the pendency of this matter, the maternal grandmother was awarded unsupervised visitation with the children but that that visitation was later ordered to be supervised.

The mother testified that her visitation with the children was not required to be supervised. As noted earlier, the mother stated that she had no transportation and that she relied on the maternal grandmother to take her to visit the children; according to the mother, the supervision of visitation occurred because the maternal grandmother was present.

Charm Doughtery, the DHR social worker assigned to the case from January 2008 until the termination hearing, testified that, since she has worked on the case, all the mother’s and the maternal grandmother’s visitations with the children have been supervised.

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Cite This Page — Counsel Stack

Bluebook (online)
60 So. 3d 308, 2010 Ala. Civ. App. LEXIS 313, 2010 WL 4262285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-department-of-human-resources-v-ls-alacivapp-2010.