Js v. St. Clair Cty. Dept. of Human Res.

969 So. 2d 918, 2007 Ala. Civ. App. LEXIS 275, 2007 WL 1228158
CourtCourt of Civil Appeals of Alabama
DecidedApril 27, 2007
Docket2051061
StatusPublished
Cited by6 cases

This text of 969 So. 2d 918 (Js v. St. Clair 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
Js v. St. Clair Cty. Dept. of Human Res., 969 So. 2d 918, 2007 Ala. Civ. App. LEXIS 275, 2007 WL 1228158 (Ala. Ct. App. 2007).

Opinion

969 So.2d 918 (2007)

J.S.
v.
ST. CLAIR COUNTY DEPARTMENT OF HUMAN RESOURCES.

2051061.

Court of Civil Appeals of Alabama.

April 27, 2007.

Timothy Paul Wasyluka, Jr., of Wasyluka Law, LLC, Birmingham, for appellant.

Troy King, atty. gen., and Sharon E. Ficquette and Elizabeth L. Hendrix, asst. attys. gen., Department of Human Resources, for appellee.

THOMPSON, Presiding Judge.

On November 1, 2005, the St. Clair County Department of Human Resources ("DHR") filed a petition seeking to terminate the parental rights of J.S. ("the mother") to A.S., her five-year-old son. The mother answered. Following a hearing on *919 December 6, 2005, at which the trial court received ore tenus evidence, the trial court entered an order on July 28, 2006, terminating the mother's parental rights.[1] The mother timely appealed.

The evidence presented at the termination hearing revealed that the child had been born with a mild form of arthrogryposis, a debilitating birth defect resulting when a baby is born with multiple joints in a fixed position. The child's limitations as a result of the arthrogryposis include an inability to walk. The child requires physical therapy each day and undergoes occupational therapy once a week. The child requires 24-hour, supervised care.

In February 2003, the child was removed from the mother's custody by the Calhoun County Department of Human Resources and was placed in foster care as a result of allegations of domestic violence, neglect, and drug abuse. The child was later returned to the mother's physical custody in October 2003. In April 2004, DHR investigated reports that the mother was abusing drugs and not caring for the child in light of the child's special needs. As a result of that investigation, the child was removed from the mother's custody in April 2004.

Janet Salas, a DHR caseworker, testified that when she visited the mother to investigate the reports of drug abuse and neglect, the mother, who was living with her father at the time, tested positive for cocaine. Salas testified that the mother was unable to get out of bed and that she had hung towels over the windows in order to block sunlight from coming into the house. According to Salas, the house smelled of animal urine and feces.

The mother has a long history of drug abuse. The mother testified that she had abused drugs for approximately 10 years. The mother stated that she had used marijuana, cocaine, and methamphetamine. The mother explained that she would get high on drugs at night when the child was asleep. The mother testified that her last positive drug screen was in September 2005 when she tested positive for crack cocaine; however, other evidence indicated that the mother had tested positive for drugs on October 2005. The mother admitted that she had used crack cocaine over the course of the year preceding the final hearing after the child was removed from her custody. The mother testified that she had tried to participate in a rehabilitation program but was unsuccessful because she had no health insurance. The mother testified that she had been participating in Alcoholics Anonymous meetings during the three weeks preceding the termination hearing. The mother testified that she last used drugs in September 2005 and that she considered herself to be drug-free at the time of the December 6, 2005, termination hearing.

At the time of the termination hearing, the mother, who was then 38 years old, lived in a Salvation Army women's shelter. The mother had lived in the shelter since September 2005. The mother testified that she had nowhere else to go. The mother testified that she had her own room at the shelter and that living in the shelter offered her a "controlled" environment.

The mother testified that before living in the shelter she had been "jail hopping." According to the mother, she had been in and out of jail at least four times since April 2004, when the child was removed from her custody. The mother testified that she had been jailed at different times for possessing marijuana and drug paraphernalia, *920 for failing to appear on those possession charges, for negotiating a worthless negotiable instrument, and for charges stemming from the unauthorized use of a vehicle. The mother testified that the length of her stays in jail ranged from five days to three months. The mother testified that there were no outstanding criminal charges against her at the time of the termination hearing.

The mother testified that after her father died in July 2004 she was forced to move out of his house. The mother explained that she had no place to live from August 2004 to February 2005 but that she lived wherever she could find a place to lay her head. In February 2005, the mother lived at the Hannah Home, a group home for women and children, but she lost her bed there after she was incarcerated for five days. The mother testified that she then went to live with a friend for a couple of months before renting a hotel room in Anniston. After living in the hotel room, the mother was incarcerated again. The mother testified that, after her release from jail, she lived under overpasses and ate out of trash cans. The mother testified that she later stayed at a friend's house before being arrested for failing to appear on charges of drug possession.

The mother is a licensed cosmetologist. The mother testified that, at the time of the termination hearing, she was employed at the Personal Touch Hair Care Salon. The mother had worked for the salon for almost three months at the time of the hearing. The mother testified that she was earning a net income of $160 to $230 a week. The mother testified that she had not paid child support since the child had been in the custody of DHR, but she acknowledged that she had saved money from her employment as a cosmetologist. The mother explained that she had given toys, diapers, and clothes to the child's foster parents for the benefit of the child. In addition to the child, the mother has two children who are no longer in her custody. The record does not indicate whether the mother's parental rights to those children have been terminated.

The mother testified that DHR offered her parenting classes, drug counseling, and transportation. According to the mother, DHR offered to help her secure housing only if she remained employed for six months. On cross-examination, the mother testified that, at the time she asked for DHR's help to secure housing, she was employed but was abusing drugs. The mother admitted that she had not attended all the scheduled visitations with the child. The mother testified that she had successfully completed parenting classes. The mother agreed that it had been in the child's best interests to be in DHR's custody during the 20 months preceding the termination hearing because of her drug abuse and general instability. The mother testified that if the child had not been in the custody of DHR, the child would have stayed with his father during those times that the mother was in jail. The mother admitted on cross-examination that she had not started making strides towards reunification until September 2005 — three months before the termination hearing.

Penny Walts, a former DHR caseworker, was the second caseworker assigned to the mother's case; Walts received the case on September 19, 2004. Walts testified that she held her first Individualized Service Plan ("ISP") meeting with the mother on November 9, 2004. According to Walts, the mother had not completed any of the goals set by DHR in the initial ISP.[2]*921

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Bluebook (online)
969 So. 2d 918, 2007 Ala. Civ. App. LEXIS 275, 2007 WL 1228158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/js-v-st-clair-cty-dept-of-human-res-alacivapp-2007.