L.M.P. v. State Department of Human Resources

597 So. 2d 216, 1992 Ala. Civ. App. LEXIS 75, 1992 WL 18498
CourtCourt of Civil Appeals of Alabama
DecidedFebruary 7, 1992
Docket2900634
StatusPublished
Cited by2 cases

This text of 597 So. 2d 216 (L.M.P. v. State 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
L.M.P. v. State Department of Human Resources, 597 So. 2d 216, 1992 Ala. Civ. App. LEXIS 75, 1992 WL 18498 (Ala. Ct. App. 1992).

Opinion

PER CURIAM.

Following ore tenus proceedings, the trial court made a finding of dependency and ordered the termination of the parental [217]*217rights of L.M.P. (mother) and W.K. (putative father) in eighteen-month-old W.D.P. Permanent legal custody of the child was vested in the Alabama Department of Human Resources (DHR). Only the mother appeals. We affirm.

The dispositive issue on appeal is whether there is clear and convincing evidence that supports the trial court’s decision to terminate the mother’s parental rights.

It is well settled that a natural parent has a prima facie constitutional right to the custody of her child. This right will yield only to a showing by clear and convincing evidence that permanent removal from the parent is in the best interests of the child. Travis v. State Department of Human Resources, 547 So.2d 571 (Ala.Civ.App.1989). Where the state is a party to a custody matter, the trial court must apply a two-prong analysis when considering whether to terminate parental rights: first, the trial court must find by clear and convincing evidence that the child is dependent; second, if the court finds that the child is dependent, it must then determine from clear and convincing evidence that no viable alternative to termination exists. C.D.H. v. State Department of Human Resources, 568 So.2d 1237 (Ala.Civ.App.1990).

The record reveals that the mother was twenty years old at the time of trial and that she has always been complétely reliant on friends and relatives for her housing and financial support. For some time prior to and after the child’s birth in November 1989, the mother lived in numerous residences with W.K., one of two persons named as putative fathers in this case. Two months after the child’s birth, W.K. demanded that the mother and child move out. The mother was then taken into the home of her own mother (hereinafter, “grandmother”). The past relationship between the mother and grandmother, the record shows, had been less than ideal, and the grandmother told the mother at this time that the new arrangement would be short term only. The mother and child stayed with the grandmother for approximately one month. During this time the grandmother attempted to assist the mother by arranging for her to take the GED exam and scheduling an appointment with the state employment service. The employment service planned a job-skills examination for the mother and enrolled her in a program designed to assist her with day care and housing arrangements. Before taking the exam or starting the program, the mother moved out of the grandmother’s home, to another city. She did not return to attend the program. At trial the mother offered no explanation for her actions; however, she stated that the grandmother had indicated to her that she could no longer live with her.

After leaving the grandmother’s home in late January 1990, the mother and child moved in with the mother’s close friend, E.M., whom the mother described at trial as her “surrogate mother.” The mother had known E.M. since 1983 and had previously lived with her for a short time. E.M. testified that the mother had at times relied on her for money and for food and clothing for the child. On the weekend of February 9,1990, the mother left the child in the care of E.M. and traveled to another city, with the apparent purpose of visiting a friend and looking for a job and a place to live. The mother testified that she only intended for E.M. to babysit the child and that the child was not abandoned. When the mother was out of town, a tornado severely damaged E.M.’s home, necessitating that E.M. move in temporarily with relatives. When E.M. was unable to locate the mother, she notified the grandmother, informing her that she could not care for the child under the circumstances and asking her to pick up the child. The grandmother, however, was apparently unwilling or unable to care for the child herself. When she, also, was unable to locate the mother, she contacted the sheriff’s department, which in turn contacted the county DHR. DHR was unable to reach the mother at an out-of-town telephone number provided by E.M.; the people at that number indicated that they did not know the mother’s whereabouts or when she would be back. There[218]*218after, DHR filed a petition alleging the child’s dependency.

The mother appeared pro se at a detention hearing, where she averred that she presently had no way to provide for the child. On February 20, 1990, the juvenile court placed temporary custody of the child with DHR. According to the juvenile court’s order, the child was to remain in foster care while the mother attended counseling and demonstrated an ability to support herself and to secure suitable housing. A DHR caseworker then discussed with the mother a service agreement, which was to include counseling services, a visitation schedule, and provisions for homemaker services. The mother never returned to the DHR office to sign the agreement. However, she stated at trial that she understood the terms of both the court order and the service agreement and that she understood that her child was to remain in DHR’s custody until she showed that she was financially stable and could take care of the child.

The record shows that the mother missed the first scheduled counseling session with her caseworker and that from March 2, 1990, to April 3, 1990, she failed to contact the caseworker or to notify DHR of her whereabouts. The mother testified that in late February 1990 she left Alabama and went to Pennsylvania, where she remained until April. When she returned to Alabama in early April, she contacted the caseworker and visited the child for the first time since the detention hearing. The caseworker testified that she again set up counseling services for the mother but that the mother failed to attend a counseling session and another child visitation scheduled for the second half of April. The mother testified that during the next two-and-one-half months, she lived in a motel and stayed with any number of friends. DHR lost all contact with the mother again from April to August 1990.

The record also reveals that from July 1990 to the trial date in April 1991, the mother was in and out of jail, serving a series of jail sentences for writing bad checks in cities throughout the state. The mother testified that she missed the scheduled visit with her child in April 1990 because she had been arrested. She explained that she did not contact DHR or the child for several months because there were other outstanding charges against her and she feared being arrested again. She was released from jail only to appear at the termination proceeding, where she confirmed that additional bad check charges were pending against her in at least four other cities. She was expected to remain in jail until August 1991.

The record shows that from the time of the detention hearing to the time of the termination trial, the mother visited the child a total of three times: in April 1990, in October 1990, and on the trial date. At trial the grandmother testified that she did not think the mother was capable of raising the child. She also alleged that the mother had a history of leaving the child with various individuals for long periods of time. There was testimony indicating that the mother had not always ensured that the child was adequately clothed. However, no witness could cite other particular instances of seriously inadequate care.

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Bluebook (online)
597 So. 2d 216, 1992 Ala. Civ. App. LEXIS 75, 1992 WL 18498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lmp-v-state-department-of-human-resources-alacivapp-1992.