K.R. v. Lauderdale County Department of Human Resources

133 So. 3d 396, 2013 WL 1694461, 2013 Ala. Civ. App. LEXIS 98
CourtCourt of Civil Appeals of Alabama
DecidedApril 19, 2013
Docket2111220 and 2120020
StatusPublished
Cited by11 cases

This text of 133 So. 3d 396 (K.R. v. Lauderdale County 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
K.R. v. Lauderdale County Department of Human Resources, 133 So. 3d 396, 2013 WL 1694461, 2013 Ala. Civ. App. LEXIS 98 (Ala. Ct. App. 2013).

Opinions

THOMAS, Judge.

D.N.R. was born in Pennsylvania on July 26,1993. D.N.R.’s father is unknown, and T.D. (“the biological mother”) consented to the termination of her parental rights on June 26, 1998, in the Court of Common Pleas of Lawrence County, Pennsylvania (“the Pennsylvania court”). D.N.R. lived with W.R.M. until W.R.M.’s death; however, the record does not reveal whether W.R.M. adopted D.N.R. W.R.M. was survived by her husband J.M.

The record contains a copy of the Pennsylvania court’s August 9, 2006, judgment that incorporated a consent agreement entered into by J.M. and J.W. (“the custodian”), the sister of W.R.M.1 The [399]*399Pennsylvania court awarded primary physical custody and sole legal custody of D.N.R. to the custodian and awarded J.M. visitation and the right to review D.N.R.’s medical, dental, psychiatric, psychological, and academic records. The judgment of the Pennsylvania court included a provision in which K.R. (“the custodian’s sister”) would receive custody of D.N.R. upon the incapacitation or death of the custodian.2 D.N.R. moved to Alabama with the custodian in 2006.

On July 18, 2011, D.N.R.’s guardian ad litem filed a petition in the Lauderdale Juvenile Court asserting that D.N.R. was dependent and requesting that her custody be awarded to the Lauderdale Department of Human Resources (“DHR”). The petition alleged that D.N.R. lived with the custodian, that D.N.R.’s mother was deceased and her father was unknown, that the custodian was not providing for D.N.R.’s care, support, or education, and that D.N.R.’s health, safety, and well being were at risk. A shelter-care hearing was set for July 20, 2011. At the shelter-care hearing, the juvenile-court judge stated: “We are here today for a determination of the dependency and a 72-hour hearing.” DHR’s attorney and D.N.R.’s guardian ad litem stipulated to D.N.R.’s dependency; however, the custodian, who was acting pro se, never stipulated to D.N.R.’s dependency; she admitted only that D.N.R. had “a lot of issues.”

Nothing asserted in the pleadings or stated at the shelter-care hearing would have revealed the existence of the judgments of the Pennsylvania court to the juvenile court, although we note that the action underlying these appeals is case number JU-10-176.05 and it is apparent to this court that D.N.R. had been before the juvenile court at least three other times. Before witnesses were called, the attorneys and the juvenile-court judge had a discussion regarding a certain delinquency charge against D.N.R. in “the .04 case” that was scheduled to be heard by the juvenile court later that same day.3

At the time of the July 20, 2011, shelter-care hearing, D.N.R. had lived with the custodian for more than five years; however, the juvenile-court judge questioned the custodian as to whether she had “paperwork showing that [she] ha[d] custody,” to which the custodian replied: “Not with me.” The juvenile-court judge said:

“The reason Pm asking these questions because if you are determined to be [D.N.RJs legal custodian, then we probably need to have an attorney appointed to represent you and your interests in these cases or in this case. So it would be very beneficial to all of us if you could find that paperwork and let us know because as far as we know, there’s no order that we know of saying you have custody of [D.N.R.], okay?”

Sarah Hendershot, a DHR employee, testified that DHR could not “establish who the legal guardian is right now.” The juvenile court heard testimony that DHR had treated D.N.R. “like a teenager that [400]*400was found on the street” because DHR had no proof that the custodian had legal custody of D.N.R., although Hendershot also agreed that D.N.R. was accompanied in the shelter-care hearing by her “physical custodian, her aunt,” who “was providing home, supervision, and custody for [D.N.R.].” Hendershot testified that DHR had received information indicating that the custodian had been “possibly emotionally abusive” and had made “harmful statements” to D.N.R. Hendershot said that if the juvenile court awarded D.N.R.’s custody to DHR, part of the services provided to the custodian would be the determination of the “status of custody.” The juvenile court neither appointed an attorney for the custodian nor afforded her an opportunity to testify or to examine Hender-shot. The following exchange took place at the end of the shelter-care hearing:

“THE COURT: I think it’s sufficient. All right. Based on the evidence and testimony, along with the stipulations of the parties, the Court finds this hearing is being held within 72 hours. This pick-up is warranted and necessary under the conditions stated and [D.N.R.] is dependent and I will declare the child dependent today. Therefore, custody will remain with [DHR] pending an adjudicatory hearing which will be set, I guess, some time within the next 60 days. Anything else we need to take up at this time?
“[The custodian]: Judge?
“THE COURT: Yes, ma’am.
“[The custodian]: Those papers [indicating that the custodian was D.N.R.’s legal custodian] — I’ve been trying to get somebody’s attention. I think they’re downstairs, and I think I had them recorded.
“THE COURT: Okay. Well, if you find them, it will help them and assist them.
“[DHR’s attorney]: It’s a good start.
“[The custodian]: I’m pretty sure I took them and had them recorded.”

On July 21, 2011, the juvenile court entered its order, transferring pendente lite custody of D.N.R. to DHR, and, in a handwritten addition to its findings, it included a sentence that reads: “The Court finds the minor child dependent.” The custodian did not appeal the July 21, 2011, judgment.

D.N.R. was placed in a foster home, and the juvenile court set an adjudicatory hearing for August 26, 2011. On July 26, 2011, D.N.R. reached 18 years of age. A transcript of the August 26, 2011, adjudicatory hearing is included in the record. At that hearing W.R.M. was referred to as the “adopted mother” and the custodian was referred to as “the guardian.” The custodian was represented by an attorney at the August 26, 2011, hearing. DHR offered a report into evidence in which it confirmed that the custodian had been D.N.R.’s legal guardian and asserted that D.N.R. had been “diagnosed with Mental Retardation.” The custodian stipulated to D.N.R.’s dependency, and the juvenile court entered a judgment on August 26, 2011, again adjudicating D.N.R. dependent. The custodian did not appeal the August 26, 2011, judgment.

The case was set for a review hearing in January 2012, and, on January 30, 2012, the juvenile court entered an order in which it found “that reasonable efforts toward reunification [with the custodian] have been made, and the most appropriate plan is Adult Custodial Care.” The custodian did not appeal the January 30, 2012, judgment. DHR placed D.N.R. with the biological mother in Pennsylvania in June 2012.

On June 27, 2012, the custodian’s sister filed a motion to intervene for the purpose of seeking custody of D.N.R. On July 20, [401]*4012012, the biological mother and her partner, M.J.K., filed a petition for custody of D.N.R. That same day, the juvenile court signed a permanency-hearing-order form that included its findings that DHR had made reasonable efforts to reunite D.N.R.

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Cite This Page — Counsel Stack

Bluebook (online)
133 So. 3d 396, 2013 WL 1694461, 2013 Ala. Civ. App. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kr-v-lauderdale-county-department-of-human-resources-alacivapp-2013.