R.W. v. State Department of Human Resources

863 So. 2d 98, 2002 Ala. Civ. App. LEXIS 835
CourtCourt of Civil Appeals of Alabama
DecidedDecember 13, 2002
Docket2010934, 2010935 and 2010936
StatusPublished

This text of 863 So. 2d 98 (R.W. 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
R.W. v. State Department of Human Resources, 863 So. 2d 98, 2002 Ala. Civ. App. LEXIS 835 (Ala. Ct. App. 2002).

Opinion

PITTMAN, Judge.

S.F. (“the mother”) and R.W. (“the father”) appeal a trial court’s order terminating their parental rights as to each of their three children, D.W., Sh.W., and S.W. In May 2000 the Department of Human Resources (“DHR”) filed petitions to terminate the parental rights of the mother and the father as to the three children. On April 24, 2002, and May 7, 2002, the trial court held a hearing on those petitions. At the time of the hearing, the children were seven, six, and three and one-half years old.

Tami Chancy, a licensed professional counselor, testified at the hearing. Chancy stated that she had counseled two of the children, D.W. and Sh.W., for a year and a half. Chancy described the significant positive behavioral changes she had seen since the children were placed in foster care. Chancy testified that the two children were hyperactive, but that a combination of medication and structure provided by the foster parents had helped the two children concentrate better and behave better in school and in public. Chancy stated that after her first two or three visits with the children, neither of them had mentioned their natural father during counseling sessions.

Tony Webber, a Houston County probation officer, testified that he had known the mother since April 2001. He described the community corrections program that the mother was enrolled in that required her to cooperate completely with DHR; to violate no federal, state, or local laws; to find and maintain suitable employment; to refrain from changing residences without prior permission; and to pay a supervision fee of $25 per month for the duration of her probation.1 Webber testified that the mother had not maintained any stable employment during her probation, that she had moved without permission, and that she had not paid any supervision fees since October 2001. Web-ber stated that he had seen no improvement in the mother’s ability to handle responsibility in the year preceding the hearing. Webber also stated that if the mother had not been pregnant at the time of the hearing, the Houston County probation office would have revoked her probation.

Linda Thomas, a staff member of Family Options, an independent agency providing intensive on-site intervention to help families in crisis, testified that DHR had referred the mother to Family Options for services nearly three months before the hearing in reference to the mother’s then nine-month-old child, D.F.2 Thomas stated that she visited the mother’s house and observed filthy conditions that she thought made the house unsafe for a nine-month-old baby. Thomas noticed that the sink was piled with dirty dishes, that clothing was strewn all over the floor, that the bathroom was filthy, and that the baby’s high chair was encrusted with dried food. Thomas concluded by stating that she saw no reason why either the mother or her then husband (not the father) could not perform basic housework to keep the house clean and safe for a child.

[101]*101On cross-examination, Thomas stated that, although Family Options is a four-week intervention program, a coworker and she had made a total of five weekly visits to the mother’s house. Thomas noted that she had personally visited the mother’s house four times, but the mother was not at home on two of those occasions. Thomas stated that she and the mother had developed some goals, but that the mother had not changed her habits.

Jennifer Magrino, the DHR caseworker for the three children, received the case in May 2000, at the same time the children were taken into custody by DHR. Magrino stated that DHR had held 19 meetings to develop Individual Service Plans (“ISPs”) to aid the father and the mother in regaining custody of their children. She testified that the father had attended nine of those meetings. Magrino stated that she discussed with the father the termination procedure and the father’s right to an attorney. According to Magrino, the father initially stated that he believed foster care was best for the children. Magrino did not recall the father’s asking for custody of the children at any time during the year preceding the hearing. Furthermore, she stated that none of the father’s relatives had been identified as suitable alternatives to raise the three children.

Magrino testified that before May 2000 DHR had received 22 indicated reports that the care of the children was inadequate. She also testified concerning the following matters: The father had left the house in February 2000, before DHR took custody of the children. The mother had moved eight times since the children were taken into DHR’s custody. DHR provided numerous services to the mother to help her regain custody of the children, including transportation services, financial aid, homemaker services, employment referrals, counseling services, and parenting classes. The mother has not been able to maintain employment for any length of time; at the time of the hearing she was working part-time for minimum wage. Magrino concluded that the mother had made some lifestyle changes, but had not been able to maintain those changes for any length of time. Magrino cited, as an example, that the mother had found work, but had been unable to keep a steady job. Magrino also noted that the mother was able to clean her home, but had failed to maintain the cleanliness. Magrino did not foresee either the mother or the father making the changes necessary to regain custody of the children in the near future.

Magrino noted that DHR intervened about one month before the hearing and had removed a fourth child, D.F., due to inadequate supervision and neglect. Mag-rino testified that the mother was pregnant at the time of the hearing and that her fifth baby was due in June 2002. Magrino testified that the mother had recommended her two half sisters, A.W. and H.O., for alternative placement. Magrino stated that A.W.’s home evaluation revealed that that sister already had two children of her own and that her husband had been arrested for possession of a controlled substance. The evaluation further noted that A.W. had an indicated-neglect report concerning her child, as well as an arrearage in child support for a child not in her custody. According to Magrino, DHR attempted to perform a home evaluation of H.O., but a vacant lot was at the address DHR had been given, and DHR could not verify H.O.’s address. Magrino stated that the mother later indicated that she did not want her children left with H.O. because she feared they would be abused.

During cross-examination, Magrino stated that she believed that the mother loved her children. She also testified that at the [102]*102time of the hearing DHR was working with the mother to develop an ISP to regain custody of the fourth child because the child had been removed from the mother’s custody only one month before the hearing. Magrino stated that because the three older children had been in foster care for 28 months, she believed the children needed a permanent home as soon as possible.

On the second day of the hearing, Mag-rino testified that the father had never asked to be considered by DHR as an alternative placement for the children. Magrino stated that the father’s mother had initially been reviewed as a candidate for alternative placement of the children, but her health was too poor to allow her to be considered. Magrino reviewed the latest ISP for the father, stating that it showed that the father loved the children, that he was responsive to them, that he was willing to accept assistance, and that he was employed.

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Bluebook (online)
863 So. 2d 98, 2002 Ala. Civ. App. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rw-v-state-department-of-human-resources-alacivapp-2002.