M.H. v. Cleburne County Department of Human Resources

158 So. 3d 471, 2014 WL 3387909, 2014 Ala. Civ. App. LEXIS 115
CourtCourt of Civil Appeals of Alabama
DecidedJuly 11, 2014
Docket2130232 and 2130233
StatusPublished
Cited by7 cases

This text of 158 So. 3d 471 (M.H. v. Cleburne 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
M.H. v. Cleburne County Department of Human Resources, 158 So. 3d 471, 2014 WL 3387909, 2014 Ala. Civ. App. LEXIS 115 (Ala. Ct. App. 2014).

Opinion

THOMAS, Judge.

M.H. (“the mother”) appeals the judgments of the Cleburne Juvenile Court terminating her parental rights to K.J. (“the daughter”), case no. 2130232, and J.J. (“the son”), case no. 2130233 (the daughter and [474]*474the son are hereinafter referred to collectively as “the children”).1

In 2009 the mother was arrested for conspiracy to manufacture methamphetamine and for methamphetamine use. At that time the mother was jailed and the children were placed with G.B. (“the maternal grandmother”) pursuant to a safety plan. The maternal grandmother never sought custody of the children, and the mother was released from jail; the children returned to live with the mother in the trailer home of B.P., the mother’s then boyfriend. The children remained with the mother and B.P. until July 25, 2012. On that day, the Cleburne County Department of Human Resources (“DHR”) responded to a report that the mother and B.P. were abusing drugs and engaging in domestic violence in the presence of the children; the mother tested positive for methamphetamine on August 6, 2012.

Jennifer Rios, a DHR employee, testified regarding the events of July 25, 2012. Rios said that she had observed the son sleeping inside the trailer home, which was at a temperature of over 100 degrees. She said that the son was inappropriately dressed, hungry, extremely dirty, and suffering from scabies. The mother testified that the son had fallen asleep in a room that did not have air conditioning after playing outside in the dirt. She said that she had thought that the son had a rash resulting from either insect bites or from contact with poison oak and that she was treating him with an over-the-counter cream. Rios said that she had located the daughter at a neighbor’s house after the mother had lied to her about the daughter’s whereabouts; Rios said that the daughter had been swimming and that her hygiene was “okay.” In July 2012 the children were placed in a foster home and DHR initiated services for the family.

On July 2, 2013, DHR filed petitions in the juvenile court seeking to terminate the parental rights of the mother and L.J. (“the father”) to the children. See supra note 1. DHR alleged that the children were dependent, that the parents had failed to meet the needs of the children, that the mother had abused illegal substances, that the father was incarcerated, that DHR’s reasonable efforts to reunite the family had failed, and that no viable alternative to the termination of the parents’ parental rights existed. On July 15, 2013, the mother filed an answer to DHR’s petitions and a counterclaim seeking custody of the children. The juvenile court appointed a guardian ad litem for the children.

A termination-of-parental-rights trial was held on September 23, 2013. On November 7, 2013, the juvenile court entered its judgments terminating the mother’s parental rights and awarding permanent custody of the children to DHR. The mother filed a postjudgment motion asserting that clear and convincing evidence did not support the juvenile court’s findings that she was unable or unwilling to discharge her parental responsibilities, that her conduct was unlikely to change in the foreseeable future, that no viable alternative to termination existed, that DHR had expended reasonable efforts toward reunification, or that termination of the mother’s parental rights was in the children’s best interests. The mother also asserted in her motion that “[t]here was no judicial determination that an aggravating circumstance relieved DHR of providing reasonable efforts.”

[475]*475The children’s guardian ad litem filed a motion on November 27, 2013, in support of the mother’s postjudgment motion, asserting that the mother had completed all the goals set by DHR. He asserted that the mother had offered evidence demonstrating that she had completed drug rehabilitation, that she had obtained and maintained stable employment and adequate housing, that the children were closely bonded to the mother, and that the children desired to “continue their relationship with [the mother].”

A hearing on the mother’s post-judgment motion was held on November 27, 2013, and, on December 4, 2013, the juvenile court denied the mother’s post-judgment motion.2 On December 9, 2013, the mother filed a timely notice of appeal seeking this court’s review of whether the juvenile court abused its discretion by terminating the mother’s parental rights because, she argues, the juvenile court erred by determining that DHR had provided clear and convincing evidence demonstrating that grounds for. termination of her parental rights existed.

“ ‘Our standard of review of a judgment terminating parental rights is well settled. “A juvenile court’s factual findings, based on ore tenus evidence, in a judgment terminating parental rights are presumed to be correct and will not be disturbed unless they áre plainly and palpably wrong.” J.C. v. State Dep’t of Human Res., 986 So.2d 1172, 1183 (Ala.Civ.App.2007). However, a trial court’s application of the law to undisputed facts is not given a presumption of correctness on appeal, and this court applies a de novo standard of review to questions of law. See J.A. v. C.M., 93 So.3d 953, 954 (Ala.Civ.App.2012).’
“J.K. v. Jefferson Cnty. Dep’t of Human Res., 114 So.3d 835, 842 (Ala.Civ.App.2012). .
“ ‘ “To terminate parental rights, the trial court must first determine from clear and convincing evidence that the child is dependent. S.F. v. Dep’t of Human Res., 680 So.2d 346 (Ala.Civ.App.1996). The trial court must then determine that there exists no alternative to termination. L.A.G. v. State Dep’t of Human Res., 681 So.2d 596 (Ala.Civ.App.1996).”
‘M.W. v. Houston Cnty. Dep’t of Human Res., 773 So.2d 484, 485-86 (Ala.Civ.App.2000).’
“A.K. v. Henry Cnty. Dep’t of Human Res., 84 So.3d 68, 69-70 (Ala.Civ.App.2011).”

A.H. v. Houston Cnty. Dep’t of Human Res., 122 So.3d 846, 849-50 (Ala.Civ.App.2013).

Initially, we address the mother’s correct assertion that the juvenile court failed to enter its judgments in compliance with § 12-15-320(a), Ala.Code 1975 (requiring the entry of a final judgment within 30 days of the completion of a trial), and Rule 25(D), Ala. R. Juv. P. (requiring “finding[s] by written order within 30 days of completion of the trial”). The mother argues that, based upon the juvenile court’s failure to comply with § 12-15-320(a) and Rule 25(D), the juvenile court’s judgments are void for lack of jurisdiction. “An order entered by a trial court without jurisdiction is a nullity.” J.B. v. A.B., 888 So.2d 528, 532 (Ala.Civ.App.2004).

Clearly, the juvenile court committed a procedural error; however, a vio-[476]*476látion of a mandatory provision contained in a statute requires reversal only if the failure to comply impairs a substantial right of the appealing party. Although the mother is correct that lack of subject-matter jurisdiction can be raised at any time by the parties or by this court ex mero motu, see Burgess v. Burgess, 99 So.Sd 1237, 1239 (Ala.Civ.App.2012), we disagree that the juvenile court’s failure to comply with § 12-15-320(a) or Rule 25(D) creates a jurisdictional defect that renders the juvenile court’s judgments void.

Our research yields no Alabama caselaw directly on point.

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Cite This Page — Counsel Stack

Bluebook (online)
158 So. 3d 471, 2014 WL 3387909, 2014 Ala. Civ. App. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mh-v-cleburne-county-department-of-human-resources-alacivapp-2014.