M.W. v. A.E., D.E., and Franklin County Department of Human Resources
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Opinion
Rel: July 11, 2025
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, 2025 _________________________
CL-2024-0938 _________________________
M.W.
v.
A.E., D.E., and Franklin County Department of Human Resources
_________________________
CL-2024-0939 _________________________
C.M.
A.E., D.E., and Franklin County Department of Human Resources
Appeals from Franklin Juvenile Court (JU-22-177.04) CL-2024-0938 and CL-2024-0939
HANSON, Judge.
CL-2024-0938 -- AFFIRMED BY UNPUBLISHED MEMORANDUM.
CL-2024-0939 -- AFFIRMED BY UNPUBLISHED MEMORANDUM.
Fridy and Bowden, JJ., concur.
Edwards, J., concurs in the result, without opinion.
Moore, P.J., dissents, with opinion.
2 CL-2024-0938 and CL-2024-0939
MOORE, Presiding Judge, dissenting.
I respectfully dissent. I agree that the Franklin Juvenile Court
("the juvenile court") erred in finding that M.W. ("the father") had an
ongoing substance-abuse problem and that C.M. ("the mother") had an
ongoing mental-health problem that impaired their ability to care for
M.K.W. ("the child"). I disagree, however, that the error was harmless
because I cannot conclude that the juvenile court would have terminated
the parental rights of the father and the mother absent those erroneous
findings. I believe that this court should reverse the judgment and
remand the case for the juvenile court to reconsider whether it should
terminate the mother's and the father's parental rights, without taking
into account its erroneous findings, as we did in B.T. v. Jefferson County
Department of Human Resources, [Ms. CL-2023-0944, Aug. 30, 2024] ___
So. 3d ___ (Ala. Civ. App. 2024).
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