L.D. v. Jefferson County Department of Human Resources (Appeal from Jefferson Juvenile Court: JU-23-654.02).

CourtCourt of Civil Appeals of Alabama
DecidedDecember 6, 2024
DocketCL-2024-0409
StatusPublished

This text of L.D. v. Jefferson County Department of Human Resources (Appeal from Jefferson Juvenile Court: JU-23-654.02). (L.D. v. Jefferson County Department of Human Resources (Appeal from Jefferson Juvenile Court: JU-23-654.02).) 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
L.D. v. Jefferson County Department of Human Resources (Appeal from Jefferson Juvenile Court: JU-23-654.02)., (Ala. Ct. App. 2024).

Opinion

Rel: December 6, 2024

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2024-2025 ________________________

CL-2024-0397, CL-2024-0398, CL-2024-0399, and CL-2024-0400 ________________________

M.A.D.

v.

Jefferson County Department of Human Resources

________________________

CL-2024-0406, CL-2024-0407, CL-2024-0408, and CL-2024-0409 ________________________

L.D.

Appeals from Jefferson Juvenile Court (JU-21-1232.02, JU-21-1233.03, JU-21-1234.02, and JU-23-654.02) CL-2024-0397, CL-2024-0398, CL-2024-0399, CL-2024-0400, CL-2024- 0406, CL-2024-0407, CL-2024-0408, and CL-2024-0409

LEWIS, Judge.

In appeal numbers CL-2024-0397, CL-2024-0398, CL-2024-0399,

and CL-2024-0400, M.A.D. ("the father") appeals from judgments entered

by the Jefferson Juvenile Court ("the juvenile court") in case numbers

JU-21-1232.02, JU-21-1233.03, JU-21-1234.02, and JU-23-654.02,

terminating his parental rights to I.D., whose date of birth is May 7,

2017; M.D., whose date of birth is July 24, 2019; L.A.D., whose date of

birth is December 28, 2015; and W.D., whose date of birth is April 9, 2022,

(collectively "the children"). In appeal numbers CL-2024-0406, CL-2024-

0407, CL-2024-0408, and CL-2024-0409, L.D. ("the mother") appeals

from those same judgments to the extent that her parental rights to the

children were terminated. We affirm the judgments.

Procedural History

On May 7, 2017, the Jefferson County Department of Human

Resources ("DHR") filed petitions to terminate the parental rights of the

father and of the mother to the children. The father filed responses to

the petitions on November 25, 2023. After a trial that was held over

multiple days, the juvenile court entered essentially identical judgments

2 CL-2024-0397, CL-2024-0398, CL-2024-0399, CL-2024-0400, CL-2024- 0406, CL-2024-0407, CL-2024-0408, and CL-2024-0409

on May 15, 2024, terminating the parental rights of the father and of the

mother to the children. The juvenile court's judgments stated, in

pertinent part:

"The parents maltreated [L.A.D.] by failing to seek medical treatment for a year and a half after [she] ingested lye. The parents were aware that [L.A.D.] was in need of medical attention and willfully neglected their responsibility to seek appropriate treatment for her until such time as she was within hours to a day of death. As a result of the parent[s'] willful neglect, [L.A.D.] has permanent damage to her esophagus, underwent multiple surgeries, suffered significant pain, and must use a g tube to receive proper nutrition. The father continues to express his belief as it relates to the current condition of [L.A.D.] and her ability to maintain appropriate nutrition without the use of a g-tube, despite being informed by medical professionals that she must use a [gastrostomy tube ("g-tube")] now[] and will likely need one for the rest of her life. Proper medical care is essential to maintaining the health of [L.A.D.], and ongoing medical care is absolutely necessary.

"The parents have consistently expressed that they believe medical intervention and care are unnecessary, except in emergencies. They have shown through their actions for years that they do not seek appropriate medical or dental attention for themselves or their children. While they indicated they had changed their views regarding medical intervention at the [termination-of-parental-rights] trial[,] they are not credible. Upon consideration of their history of contrary statements, their history [of] failing to seek medical treatment for their children, including during the pendency of this case, their demeanor and facial expressions at trial, as well as their contradicting statements in this matter, their

3 CL-2024-0397, CL-2024-0398, CL-2024-0399, CL-2024-0400, CL-2024- 0406, CL-2024-0407, CL-2024-0408, and CL-2024-0409

veracity is questionable at best. This Court found them to be untruthful multiple times during the trial.

"The parents maltreated older siblings of th[e] child[ren]. The mother's parental rights were involuntarily terminated to multiple siblings of th[e] child[ren]. The father's [parental] rights were involuntarily terminated to a sibling of th[e] child[ren]. They have shown a pattern of neglecting the needs of their children for over a decade, and have not demonstrated that they adjusted their circumstances, even after their parental rights were terminated as to the child[ren]'s older siblings.

"The parents have shown a history of a lack of protective capacity due to an affinity for drug use. They neglected the child[ren]'s older siblings while using drugs in the past[] and continued to do so with the current set of children. [I.D.] was subjected to sexual abuse by a housemate. Testimony presented indicated that the molestation occurred while the parents would smoke marijuana and sleep for excessive periods of time.

"The mother suffers from an emotional illness of a duration or nature as to render her unable to care for the needs of the child[ren], specifically narcissistic personality disorder with turbulent features. The father suffers from an emotional illness of a duration or nature that renders him unable to care for the needs of the child[ren], specifically narcissistic personality disorder with paranoid features. Efforts at rehabilitation have been unsuccessful.

"The parents failed to provide for the material needs of the child[ren] or to pay a reasonable portion of support where the parents were able to do so. The parents have been and remain underemployed. They have intentionally under-reported their income, including on an Affidavit of Substantial Hardship submitted to this Court. They have not shown a history of

4 CL-2024-0397, CL-2024-0398, CL-2024-0399, CL-2024-0400, CL-2024- 0406, CL-2024-0407, CL-2024-0408, and CL-2024-0409

stable employment or current employment that is adequate to provide for the material needs of the child[ren].

"…[S]ignificant emotional ties have developed between the child[ren] and [their] current foster parents. [The children] ha[ve] been in a stable and satisfactory environment with [their] foster parents …. Severing the ties between the child[ren] and [their] current foster parents is contrary to the best interest of the child[ren].

"After due consideration of the testimony and evidence presented, the Court finds from clear and convincing evidence, competent, material and relevant in nature, that the child[ren] named herein [are] dependent child[ren] pursuant to Title 12-15-102, Code of Alabama, 1975.

"The Court does find, pursuant to Title 12-15-319, Code of Alabama, 1975, that the mother and [the] father are unable to discharge their responsibilities to and for th[e] child[ren]; that the conduct and condition of the mother and the … father is such as to render them unable to properly care for th[e] child[ren], and that such conduct and condition are unlikely to change in the foreseeable future.

"The mother and [the] father have failed to adjust their circumstances to meet the child[ren]'s needs, pursuant to Title 12-15-319, Code of Alabama, 1975 and Title 12-15-301, Code of Alabama, 1975.

"The Court also finds that there are no suitable relative resources willing or able to receive custody of the child[ren].

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Cite This Page — Counsel Stack

Bluebook (online)
L.D. v. Jefferson County Department of Human Resources (Appeal from Jefferson Juvenile Court: JU-23-654.02)., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ld-v-jefferson-county-department-of-human-resources-appeal-from-alacivapp-2024.