May v. Harrison County Department of Human Services

883 So. 2d 74, 2004 Miss. LEXIS 1013, 2004 WL 1753376
CourtMississippi Supreme Court
DecidedAugust 5, 2004
DocketNo. 2003-CA-01109-SCT
StatusPublished
Cited by16 cases

This text of 883 So. 2d 74 (May v. Harrison County Department of Human Services) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
May v. Harrison County Department of Human Services, 883 So. 2d 74, 2004 Miss. LEXIS 1013, 2004 WL 1753376 (Mich. 2004).

Opinion

EASLEY, Justice,

for the Court.

PROCEDURAL HISTORY

¶ 1. Glenda May (May) appeals the decision of the Harrison County Youth Court Judge Michael H. Ward (youth court) terminating her parental rights. The Harrison County Department of Human Services (DHS) filed an amended petition to terminate May’s parental rights on December 12, 2001. The youth court conducted its hearing on DHS’s request for termination of parental rights on January 30, 2002. On January 29, 2003, the youth court terminated May’s parental rights. May’s motion for reconsideration was denied by the youth court. May filed her notice of appeal to this Court.

FACTS

¶ 2. May and her husband, King May (King), had 3 children, 1 female and 2 males. In 1994, DHS conducted an investigation into May’s use of corporal punishment on her children including marks between her daughter’s legs made by a belt. In 1996, DHS again investigated allegations making a referral of neglect and abuse including marks on the face of one of her sons.

¶ 3. In 1998, new allegations of physical abuse were made to DHS regarding the minor children. According to the testimony of DHS social worker, Lori Harris (Harris), she investigated allegations of May’s suspected abuse and marks on the children identified in the transcript as H. and H.M. From the record, it appears that children H. and H.M. are May’s two male children. Harris testified that child H. told her that his mother had caused the marks and bruises. She stated that child H. had several bruises to the lower back and buttocks due to the spanking May administered. Harris further stated that when she spoke with May, she admitted that she had whipped H. with a board as punishment on the previous night. May entered into an informal agreement with DHS that she would no longer use corporal punishment on her children.

¶ 4. Again, DHS was involved with the minor children due to accusations that King, the children’s father, molested (raped) his daughter.1 On June 11, 1999, based on the molestation accusations, the youth court ordered the minor children taken into the custody of the DHS. May disputed that her husband, King, had molested their child even testifying on his behalf at his bond hearing. King was subsequently convicted. See May v. State, 806 So.2d 314 (Miss.Ct.App.2001).2

¶ 5. May entered into a service agreement with the DHS which required her to complete parenting classes, attend counseling at Gulf Coast Mental Health (GCMH) and participate in DHS supervised visits with the minor children and a psychologi[77]*77cal evaluation. Even though May had complained about her counselor and was allowed to switch counselors, she had not completed her court ordered classes at GCMH by the date of the termination hearing.3 Besides not completing the counseling at GCMH, May continued to have visits and contacts with King. May had not filed for divorce at the time of the termination hearing.4

¶ 6. On January 30, 2002, at the termination hearing, May for the first time acknowledged that she believed her daughter’s accusations that King had molested her. Until this time, May had stated that she did not believe the child’s accusations. In fact, May testified at King’s criminal trial on behalf of the defense regarding her daughter’s character. May, 806 So.2d at 318. The trial court did not prevent May from giving an opinion as to her daughter’s tendency to lie, but it ordered that the character testimony be in the form of reputation and not specific instances of conduct. Id.

¶ 7. King received a jury trial and was convicted of sexual battery. Id. King was sentenced to 20 years without parole or probation. Id. The Court of Appeals affirmed the conviction and the sentence. Id. King voluntarily submitted paperwork to surrender all his parental rights to the minor children.

¶ 8. The minor children were appointed a Guardian Ad Litem (GAL). The GAL recommended that an alternative to termination of parental rights, like durable legal custody, be considered by the youth court.

¶ 9. The youth court had a hearing on whether to terminate May’s parental rights. The youth court issued its order holding that May’s parental rights be terminated. The youth court denied May’s motion for reconsideration. May now appeals to this Court raising the following issues:

I. Whether the youth court erred in terminating her parental rights.

II. Whether the youth court erred in not considering durable legal custody as an alternative placement.

DISCUSSION

¶ 10. The burden of proof in order to establish a case for termination of parental rights is clear and convincing evidence. See Miss.Code Ann. § 93-15-109 (Supp 2003). However, on appeal, this Court’s standard of review of a youth court judgment is limited; we may reverse only if reasonable men could not have found as the youth court did beyond a reasonable doubt. In re S.B., 566 So.2d 1276, 1278 (Miss.1990) (quoting In re M.R.L., 488 So.2d 788, 790-91 (Miss.1986)). Where a trial judge sits without a jury, the trial court’s factual determinations will not be disturbed where the record contains substantial supporting evidence. The entire record must be examined and that evidence which supports or reasonably tends to support the findings of fact made by the trial judge together with all reasonable inferences which may be drawn therefrom and which favor the lower court’s findings of fact, must be accepted. Rice Researchers, Inc. v. Hiter, 512 So.2d 1259, 1265 (Miss.1987). In G.Q.A. v. Harrison County Dept. of Human Services, 771 So.2d 331, 334-35 (Miss.2000), we held that “a Family Court judgment concerning termination of parental rights will be reviewed [78]*78under the same standard as a Chancery-Court judgment, which is clear and convincing evidence. See Miss.Code Ann. § 93-15-109 (Supp.1999).”

I. Termination of Parental Rights

¶ 11. When a child has been removed from the home of its natural parents and cannot be returned to that home within a reasonable length of time because returning to the home would be damaging to the child, Miss.Code Ann. § 93-15-103 (Supp.2003) provides, in pertinent part, the grounds for termination of parental rights:

(3) Grounds for termination of parental rights shall be based on one or more of the following factors:
(a) A parent has deserted without means of identification or abandoned a child as defined in Section 97-5-1, or
(b) A parent has made no contact with a child under the age of three (3) for six (6) months or a child three (3) years of age or older for a period of one (1) year; or
(c) A parent has been responsible for a series of abusive incidents concerning one or more children; or
(d)When the child has been in the care and custody of a licensed child caring agency or the Department of Human Services for at least one (1) year,

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Bluebook (online)
883 So. 2d 74, 2004 Miss. LEXIS 1013, 2004 WL 1753376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-harrison-county-department-of-human-services-miss-2004.