M.J. v. Macon County Department of Human Resources

Court of Civil Appeals of Alabama·Decided August 7, 2026·No. CL-2025-0638·Published

Opinion

Rel: August 7, 2026

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 SPECIAL TERM, 2026

CL-2025-0638 and CL-2025-0639

M.J.

v.

Macon County Department of Human Resources

CL-2025-0751 and CL-2025-0760

M.L.

v.

Macon County Department of Human Resources

Appeals from Macon Juvenile Court (JU-22-22.02 and JU-22-14.03)

BOWDEN, Judge.

M.J. ("the mother") and M.L. ("the father") appeal from judgments of the Macon Juvenile Court ("the juvenile court") terminating their parental rights to M.A.J. and H.L. ("the children"). We hold that the father's appeals are untimely and have failed to invoke the appellate jurisdiction of this court. We also hold that the juvenile court could have reasonably found that the evidence regarding the mother's inability to consistently implement parenting skills clearly and convincingly established that she had failed to adjust her circumstances to meet the needs of the children in accordance with an agreement with the Macon County Department of Human Resources ("DHR"). The juvenile court could have also reasonably found that the evidence regarding the lack of beneficial bond between the mother and the children clearly and convincingly established that maintaining the status quo was not a viable alternative to terminating the mother's parental rights. Furthermore, there is no support for the mother's argument that the juvenile court improperly considered the children's best interests or her rehabilitation efforts when it determined that there were no viable alternatives to terminating her parental rights. Therefore, we dismiss the father's appeals for a lack of appellate jurisdiction and affirm the juvenile court's

judgments insofar as they terminate the mother's parental rights to the children.

Background and Procedural History In May 2022, DHR received a report from the Georgia Department of Family and Children Services indicating that the mother had tested positive for marijuana when giving birth to M.A.J. As a result, the mother was found to be "indicated" for child abuse/neglect. See § 26-14-8(a)(1), Ala. Code 1975. Three months later, DHR investigated a report regarding domestic violence, drug use, and inadequate supervision of the children in the family home. The mother was then found to be "indicated" for neglect and inadequate supervision of the children. DHR implemented an out-of-home safety plan for the children and placed them with their maternal grandmother. However, the maternal grandmother did not have stable housing and eventually moved into the family home with the parents. The children were then placed in foster care with S.G. ("the foster mother"), where they have remained since August 2022.

On December 18, 2024, DHR filed petitions to terminate the parental rights of the mother and the father to the children. DHR alleged, among other things, that the mother was unable to care for the children

because of an emotional illness, mental illness, or mental deficiency and that the father had been convicted of and imprisoned for a felony and had failed to maintain consistent contact or communication with the children. The foster mother filed a verified motion to intervene in the matters on April 21, 2025, which was granted. The foster mother subsequently filed a motion for custody of the children and requested that the juvenile court terminate the parental rights of the mother and the father.

The juvenile court conducted a trial on DHR's petitions and the foster mother's motion for custody on July 8, 2025, and July 9, 2025. The juvenile court entered judgments on July 23, 2025, terminating the parental rights of the mother and the father and awarding "legal and physical care, custody, and control" of the children to the foster mother "for her to pursue adoption of [the children]." Among other things, the juvenile court made the following findings:

"As it pertains to the mother … the court commends her for attempting to comply with most of the services offered by [DHR]. But the Court is concerned about the mother's current pregnancy that has caused her to be noncompliant with her required mental health medication regimen. It is undisputed that the mother has a history of mental illness and now she is expecting another child, which based on the mother's testimony, she must raise with little to no support from this [expected] child's father. The mother previously had trouble coping with raising [the children] when [they] were in her care

and custody. It was apparent from the mother's demeanor and testimony at the hearing that she would have very little support, with the raising of three young children, and such circumstances would prove to be very stressful for the mother.

The Court finds that the mother's untreated mental illness would render her unable to care for the needs of [the children], in her home, without a safety plan being in place, with in home services being warranted, according to the testimony of Licensed Psychologist, Dr. Bridget Smith, who performed psychological evaluations on the mother … and [the children].

Dr. Smith further found that when she observed the mother with the children during the mother's supervised visitations, the mother appeared distant, uninvolved, tired, lethargic, bored and demonstrated no positive affect towards the children, and that the mother appeared depressed.

"….

"… Based on the application of … case law, the Court finds that maintaining the status quo is not a viable alternative under the facts before this Court.

"The Court finds that at some point, the need for permanency and stability for [the children], overcomes any good faith but unsuccessful attempts by the mother to become a suitable parent. …

"….

"The Court finds that severing the ties between [the children] and the current foster mother is contrary to the best interest of [the children], and based on the findings discussed above, there are more than one other ground to terminate the rights of both the mother … and the father … so that [the children] can be adopted by [the foster mother] …."

The mother filed a notice of appeal from the juvenile court's judgments on August 2, 2025. The mother subsequently filed a motion to

alter, amend, or vacate the judgments. DHR filed a postjudgment motion on August 6, 2025, arguing that the judgments were not final because the juvenile court had not awarded "permanent legal custody" of the children in compliance with § 12-15-320(b), Ala. Code 1975.1 The mother subsequently filed a motion to dismiss her appeals, in part, because she wanted to "preserv[e] her right to refile an appeal following the entry of a final judgment in the [j]uvenile [c]ourt."

After a hearing, the juvenile court entered an order on August 17, 2025, granting DHR's postjudgment motion and noting that it had inadvertently omitted the word "permanent" when it awarded "legal and physical custody, care, and control" of the children to the foster mother. The juvenile court stated in that order that it had lost jurisdiction to

1

"If the juvenile court determines that the parents of a child are unwilling or unable to act as parents and terminates their parental rights, it may do the following:

".…

"(2) Transfer or continue the permanent legal custody of the child to the petitioner who, after study by [DHR], is found to be able to properly receive and care for the child."

§ 12-15-320(b).

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M.J. v. Macon County Department of Human Resources, (Ala. Ct. App. 2026).

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