Jej v. Wi

851 So. 2d 76, 2002 Ala. Civ. App. LEXIS 808, 2002 WL 31488224
CourtCourt of Civil Appeals of Alabama
DecidedNovember 8, 2002
Docket2010151
StatusPublished

This text of 851 So. 2d 76 (Jej v. Wi) 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
Jej v. Wi, 851 So. 2d 76, 2002 Ala. Civ. App. LEXIS 808, 2002 WL 31488224 (Ala. Ct. App. 2002).

Opinion

851 So.2d 76 (2002)

J.E.J.
v.
W.I. and L.I.
(In the Matter of R.J., Z.J., and T.J., minor children).

2010151.

Court of Civil Appeals of Alabama.

November 8, 2002.

*77 H. Walter Logan, Pell City, for appellant.

Frank W. Myers, Birmingham, for appellees.

THOMPSON, Judge.

J.E.J. ("the mother") appeals the termination of her parental rights to her children, R.J. ("the daughter") and twin boys Z.J. and T.J. (all three children are hereinafter together referred to as "the children").

The family first came to the attention of the Department of Human Resources ("DHR") in 1994, when DHR received an indicated report that the children were at risk of injury and that the children's hygiene was inadequate. At that time, DHR also became concerned about the truancy of J.J., the children's older half brother. In 1994, the mother moved the family to Kentucky for two years; Kentucky's social services agencies provided services to the family during that time.

The mother moved the family back to Alabama in November 1996, but she failed to enroll any of her children, who were all school-age, in school. In May 1997, DHR removed the children from the mother's home because of an indicated report of inadequate shelter and inadequate hygiene, and also because of the mother's failure to enroll the children in school.

When the children were taken into protective custody in May 1997, the mother agreed to allow W.I. and L.I., friends of the mother's sister, to have temporary custody of the children. The trial court entered a temporary-custody order incorporating the terms of that agreement. The trial court also ordered DHR to provide services to the family. The children were returned to the mother's custody in August 1997, but remained in her home for only three weeks; the record does not indicate the reason the children were again taken into protective custody.

The mother filed three petitions seeking the return of the children. The trial court conducted hearings on each petition, and it entered judgments denying each petition. Except for the three-week period in August 1997 when they were returned to their mother, the children have been in the custody of W.I. and L.I. since May 1997.

On February 12, 2001, W.I. and L.I. filed a petition seeking to terminate the mother's parental rights. DHR was not a party to that action to terminate the mother's parental rights, and it is not a party to this appeal. The trial court heard ore tenus evidence over the course of a two-day hearing.

During the termination hearing, Hope Skelton, a DHR social worker assigned to the case, testified that since May 1997, the children had been—except for a three-week period—in the custody of W.I and L.I., not in DHR's custody. Therefore, Skelton testified, W.I. and L.I., and not *78 DHR, made decisions regarding the children. However, pursuant to orders of the trial court, from May 1997 until early 2001, DHR provided counseling services for the children and also offered various services to the mother. Skelton testified that it was unusual for DHR to provide services for such a long period when the children involved were not in DHR's custody.

Each of the children testified during the termination hearing. The daughter, who was 13 years old at the time of the hearing, testified that when the children lived with the mother, the mother did not feed them properly or attend to their hygiene. The daughter testified that although she loved the mother, she did not believe the mother was capable of taking care of her two brothers and her. The testimony of Z.J. and T.J. was similar to the daughter's testimony. All three children wanted W.I. and L.I. to adopt them.

L.I. testified that when she first obtained custody of the children in May 1997, they were suffering from malnutrition and their teeth were rotten. L.I. testified that R.J. was nine years old, and the twin boys were seven years old when she first obtained custody of them in May 1997. At that time, the children did not know their ABC's or know how to count. L.I. testified that she had seen positive changes in the children in the four and one-half years she and her husband had had custody of them.

Glenn McGargy,[1] a licensed professional counselor, testified that she counseled the children from May 1997 until nine months before the hearing in this matter. McGargy testified that when the children first went to live with W.I. and L.I., they were behind in their schooling, they were in poor health, and they were fearful of people. McGargy testified that she observed a significant improvement in the children, and that, when she last saw them nine months before the termination hearing, they were normal, bright, healthy children who made good grades and were active in extracurricular activities.

The mother testified that during the time the children were out of her custody, she was willing to do anything to ensure that they were returned to her. However, Skelton testified that when she informed the mother that she needed to attend mental-health counseling to regain custody of the children, the mother ignored her. Skelton testified that DHR paid for counseling for the mother at two different times, but that, on both occasions, the mother terminated the counseling sessions.

McGargy counseled the children, the mother, and J.J., the children's half brother, in 1997. McGargy testified that counseling for the mother and J.J. was sporadic and lasted a little over one year. McGargy believed that the mother was incapable of adequately taking care of the children because, McGargy testified, the mother's thinking was "bizarre and distorted." McGargy also testified that the mother had strange parenting ideas. As examples of the mother's strange parenting ideas, McGargy testified that the mother had told her that she refused to feed the children green vegetables for fear they would be poisoned and that she had given the children chocolate milk daily because she believed it would prevent learning disabilities.

McGargy testified that the mother thinks her reasoning and parenting are perfectly acceptable and that that belief hindered any treatment of the mother. Although McGargy testified that she does not make psychological diagnoses, on questioning *79 by the mother's attorney, McGargy testified that she believed the mother was "at the edge of being schizophrenic."

During supervised visitation with the children, the mother frequently behaved inappropriately. The mother encouraged the children to say that they wanted to go home with her. Also, the mother was often verbally abusive to the DHR workers or became loud and yelled at the workers and the children. DHR decided to move the visits to public places in order to discourage the mother's disruptive behavior, but, although that practice worked for a short time, the disruptive behavior soon resumed. Because of the mother's behavior during the supervised visits, the DHR social workers and the mother entered into a written agreement specifically detailing the conduct from which the mother was to refrain during visitation. However, the mother did not comply with that agreement, and in December 1999, DHR refused to supervise any further visitation between the mother and the children. The mother has not visited with the children since that time.

The mother does not know the identities of the children's fathers. J.J., who was 20 years old at the time of the termination hearing, lived with the mother in the mother's two-bedroom house. Neither J.J. nor the mother is employed. The mother and J.J.

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Cite This Page — Counsel Stack

Bluebook (online)
851 So. 2d 76, 2002 Ala. Civ. App. LEXIS 808, 2002 WL 31488224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jej-v-wi-alacivapp-2002.