Montgomery County Department of Human Resources v. N.B.

196 So. 3d 1205, 2015 Ala. Civ. App. LEXIS 129, 2015 WL 3648186
CourtCourt of Civil Appeals of Alabama
DecidedJune 12, 2015
Docket2140109 and 2140118
StatusPublished
Cited by6 cases

This text of 196 So. 3d 1205 (Montgomery County Department of Human Resources v. N.B.) 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
Montgomery County Department of Human Resources v. N.B., 196 So. 3d 1205, 2015 Ala. Civ. App. LEXIS 129, 2015 WL 3648186 (Ala. Ct. App. 2015).

Opinions

DONALDSON, Judge.

The Montgomery County Department of Human Resources (“DHR”) and J.B. (“the child”), a minor, by and through J.T., the child’s guardian ad litem, separately appeal from a judgment of the Montgomery Juvenile Court (“the juvenile court”) denying DHR’s petition to terminate the parental rights of N.B. (“the mother”) to the child despite N.B.’s express consent to the termination of her parental rights to the child. We affirm.

Facts and Procedural History

The child, born in June 2003, is one of three children born to the mother. I.B., the child’s sister, was born in August 1996, and Jo.B., the child’s brother, was born in May 1998. The child’s father died in 2008. According to uncontested documents in the record, the mother lost custody of the children in 2005. Between 2005 and 2010, the child and her siblings lived with various relatives in Alabama and in Ohio. At [1207]*1207some point in 2010, the child -and her siblings moved from Ohio to live with their maternal grandparents in; Montgomery. In June 2010, I.B. gave birth to S.B., the child’s niece. Pursuant to a request of the maternal grandmother, DHR removed I.B. from the home in August.2010 and placed her in foster care with D.C. In October 2010, I.B. reported, to a school counselor that she had been sexually abused while in the custody of the maternal grandparents. DHR then removed the child, Jo.B.,and S.B. from the maternal grandparents’ home and. placed . them in foster care. DHR placed the child in foster care with D.C. . ,

On November 8, 2011, DHR .filed a petition in the juvenile court to terminate the mother’s parental rights to the child, who was then eight years old. DHR did not petition to terminate the mother’s parental rights to I.B., who was then 15 years old, or to Jo.B., who was thén 13 years Old, because, according to testimony, those children did not wish to be adopted. The child, however, had expressed a desire to be adopted. The juvenile court appointed an attorney for the mother and a guardian ad litem for the child. The juvenile court conducted a trial on DHR’s petition on October 30, 2013. In support of its petition, DHR presented the testimony of two witnesses: Kristi Kelley, a DHR social-service caseworker in the foster-care unit, and the mother.

Kelley testified that she began working on the case in October 2010 when the child was placed into DHR’s custody. She testified that she initially met with the mother in May 2011. Kelley testified that, at that meeting, the mother stated that she had been diagnosed with schizophrenia and admitted to using marijuana. Documents in the record also indicate that the mother had used cocaine. Kelley testified that she informed the mother at the initial meeting that, in order for her to regain custody of her children, she would be required to find a suitable’residence, to stop using drugs, and to seek treatment for her mental illness. Kelley testified that DHR provided the mother with a referral to the Lighthouse Counseling Center (“Lighthouse”) for drug treatment. She testified that the mother- initially participated in daily group sessions at Lighthouse. Kelley testified that drug screening of the mother conducted by Lighthouse staff had occasionally rendered positive results. Kelley testified that she also referred the mother to the Montgomery Area Mental Health Authority for mental-health treatment. DHR did not introduce into evidence any documentary evidence concerning the mother’s mental illness or her treatment for drug addiction. Kelley testified that, on the date of trial, the mother admitted to her that she continued to use drugs.

Kelley testified that DHR also offered the mother opportunities for visitation with her children and that the mother had telephoned and visited with the .children occasionally. Kelley testified that, althoúgh the mother had attended some scheduled Individualized Service Plan (“ISP”) meetings,. the mother’s attendance at those meetings was inconsistent. Kelley testified that, in her opinion, the mother loved her children but that the mother had informed Kelley that she was unable or unwilling to care for the children. Kelley testified that, during the three years the children had been in .DHR’s custody, the mother never expressed that she was willing or able to regain custody of the children.

Kelley testified that the child had been the victim of - sexual abuse and that DHR had been made aware of -allegations of sexual abusé occurring in the home when the child lived in Ohio. Kelley testified that the child had been diagnosed -with post-[1208]*1208traumatic stress disorder, that the child had behavioral issues, that the child was taking medication, that the child received treatment from a psychiatrist, and that the child participated in counseling. Kelley testified that she had had conversations with the child concerning adoption and that the child looked forward to being adopted. She testified that an adoptable resource for the child had not been identified' at the time of the trial but that the child- had a strong bond with D.C., her foster parent. Kelley testified that D.C. had mentioned, but had not committed to, adopting the child.

Kelley testified that DHR had investigated several relatives of the child for possible placement, including T.W., a cousin who lived in Alabama, and P.M., an uncle who lived in Michigan. Kelley testified that T.W. reported in 2011 that she was not willing to serve as placement resource for the child. Kelley had not inquired further whether T.W. would reconsider serving as a placement resource for the child at the time of the trial. Kelley testified that P.M., who had four children living in his home, was not a viable potential placement option based on a home study conducted by the Michigan Department of Human Services at the request of DHR under the Interstate Compact on the Placement of Children (“ICPC”), codified at § 44-2-20 et seq., Ala.Code 1975. ' The ICPC home-study report concluded that P.M.’s home- was not adequate because there was not additional space for other children. That ICPC home-study report also indicated that P.M. was not willing to undergo the licensing process in order to qualify as a placement resource. Kelley testified that the mother provided no additional names for DHR to investigate for possible placement of the child. Kelley testified that I.B. had provided DHR with the name of a cousin who lived in Ohio but that that relative was unwilling- to accept custody of the child.

At trial, DHR introduced a document titled “Waiver of Parental Rights and Consent to Permanent Termination of Parental Rights and Adoption” (“the written consent”) signed under Oath by the mother; In the written consent, the mother attested that she was consenting to the termination of her parental rights to- the child; that she was not willing or able to assume parental responsibilities of the child; that she saw no hope of significant improvement in her circumstances in the foreseeable future; that, in her opinion, it would not be in the child’s best interest to continue in foster care; that she had read DHR’s petition to terminate her parental rights; that she had read the .written consent; that her attorney had read the written consent to her; that she had discussed the written consent with her attorney; that she was waiving and abandoning her rights to the child; and that she agreed with DHR’s position that it would be in the child’s best interest to be placed for adoption.

The mother also appeared at the trial as a witness.

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196 So. 3d 1205, 2015 Ala. Civ. App. LEXIS 129, 2015 WL 3648186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-county-department-of-human-resources-v-nb-alacivapp-2015.