M.K.L.F. v. State Department of Human Resources

588 So. 2d 491, 1991 Ala. Civ. App. LEXIS 566, 1991 WL 179237
CourtCourt of Civil Appeals of Alabama
DecidedSeptember 13, 1991
Docket2900175, 2900176
StatusPublished
Cited by1 cases

This text of 588 So. 2d 491 (M.K.L.F. 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
M.K.L.F. v. State Department of Human Resources, 588 So. 2d 491, 1991 Ala. Civ. App. LEXIS 566, 1991 WL 179237 (Ala. Ct. App. 1991).

Opinion

PER CURIAM.

The Madison County Department of Human Resources (department) filed petitions to terminate the parental rights of M.K.L.F. (mother) and M.L.D. (father) to B.L.F. and M.L.F., Jr. (children). After an ore tenus proceeding, the trial court terminated the parental rights of the mother, the father, and the mother’s husband and granted permanent legal custody to the department, authorizing it to proceed with plans for adoptive placement of the children. Both the mother and the father appeal, and the cases have been consolidated for purposes of this appeal. We affirm.

The mother contends that the trial court erred in its decision to terminate parental rights. The father contends that there were viable, less drastic alternatives to termination of parental rights.

At the outset we note that when evidence in a proceeding to terminate parental rights is presented ore tenus, the resulting judgment will be afforded every favorable presumption and will not be disturbed on appeal without the presence of palpable error. Hudgins v. State, 418 So.2d 913 (Ala.Civ.App.1982). It has previously been determined that the termination of parental rights demands clear and convincing evidence that termination would be in the child's best interests. Muffoletto v. State Dept. of Human Resources, 537 So.2d 939 (Ala.Civ.App.1988). In addition, this court must apply a two-prong test in cases in which termination is sought by a nonparent. Ex parte Beasley, 564 So.2d 950 (Ala.1990). The trial court must first find that the child is dependent and then determine that all viable alternatives to termination have been considered, Muffoletto, 537 So.2d 939, and rejected. Beasley, 564 So.2d 950.

The record reveals that the mother and the father are the natural parents of the children. The legal father of the children, the mother’s husband, (husband) is M.J.F., whose whereabouts are unknown and who is a fugitive from justice. The department has provided services to the mother and the father since September 1988 and has had temporary legal custody of the children since October 1988.

There was testimony that the mother, the father, and the mother’s grandmother were evicted because of failure to pay rent and that they had moved numerous times after very short stays in rental housing. There was also testimony that the condition in which they had left one apartment was a “disaster” with garbage and liquor bottles all over the floor, handprints on the walls, moldy food, and filthy carpets.

[493]*493A third or fourth cousin of the mother testified that she began babysitting for B.L.F. two days after she was born. At first the mother would pick up the child for a few hours each day and then return her to the cousin. Then there were days when the mother would only phone or just drop by. The time periods with no contact increased. The cousin was never paid for keeping the child. She kept the child until the child was eighteen months old, at which time the department was granted temporary legal custody. The cousin continued to keep the child as a foster parent.

The cousin further testified that during the first eighteen months that she kept the child, the time that the mother and the father saw the child totalled approximately three or four weeks and that the longest consecutive period of time that they kept her was one week. There was also a period of four and one-half months during which neither the mother nor the father called or saw the child. They gave the cousin $2 for milk and a couple of bags of diapers during the time that she kept the child. After the department became involved, the mother came by her house about six or seven times, and the father came twice.

The children are presently with the cousin and her husband, who are now their foster parents, and they call the cousin “mama.” At the time of the hearing, B.L.F. had been in their home a total of three and one-half years, and M.L.F., Jr., had been there for twenty-two months.

The mother and the father have two other younger children, one that has been adopted by another couple and one that lives with them. The mother has another older child, who is apparently with his father, the mother’s present husband, whose whereabouts are unknown.

The department became involved with the family when they were notified that M.L.F., Jr., was not being brought in for medical appointments. A caseworker for the department located the mother and the child at the home of the mother’s grandmother and testified that they were living with the grandmother, who was sixty-eight years old. The caseworker had a problem determining where the mother and the father were living; the mother and the father had approximately five changes of address in a four-month period.

When the caseworker continued to receive reports of medical problems of M.L.F., Jr., and determined that he was not receiving medical attention, petitions were filed by the department, and pick-up orders were issued.

The mother started taking GED classes, but dropped out of the program. She stated that she had worked intermittently, but the caseworker was unable to verify her employment. The caseworker told the mother that in order to get her children back she needed to have steady employment and adequate income, to maintain regular visits, and to remain stable for six months. Remaining stable meant maintaining stable housing and paying the rent and other bills. The caseworker was never able to determine that housing was stable.

Although the father maintained that he was continually employed as a brick mason, and the mother claimed to work intermittently, neither parent complied with a court order to pay child support. At the request of the mother, visits were scheduled every two weeks at the department rather than at the cousin’s home, and the mother attended regularly. The father attended infrequently.

The mother was given the assistance of the “family options program” with regard to her youngest child, who is not the subject of this proceeding. Through this program workers came into her home everyday for five weeks to discuss parenting skills and anything that she needed to discuss. There has continued to be some concern over this child’s care and lack of medical attention.

The caseworker testified that efforts to rehabilitate the mother and the father have not been successful and that the mother and the father made no efforts to adjust their circumstances to meet the children’s needs.

[494]*494The caseworker further testified that she had checked into relative resources for alternative placement for the children. The department considered the paternal grandmother as a resource, but she would not cooperate with a home study and never contacted the department. No one else had expressed an interest in the children while they were in foster care. The caseworker also testified that the husband had never visited either of the children or provided any support for them.

The mother and the father testified that the cousin did not tell the truth when she stated that she kept the children full-time and that she did not hear from the mother and the father for four months. The mother testified that B.L.F. spent three or four days of every week with her during the first eighteen months of her life and that the cousin wanted to keep the children herself.

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Related

Fll v. State Dept. of Human Resources
612 So. 2d 501 (Court of Civil Appeals of Alabama, 1992)

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Bluebook (online)
588 So. 2d 491, 1991 Ala. Civ. App. LEXIS 566, 1991 WL 179237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mklf-v-state-department-of-human-resources-alacivapp-1991.