R.W.D. v. Walker County Department of Human Resources

808 So. 2d 46, 2001 Ala. Civ. App. LEXIS 344, 2001 WL 818462
CourtCourt of Civil Appeals of Alabama
DecidedJuly 20, 2001
Docket2000417 and 2000432
StatusPublished

This text of 808 So. 2d 46 (R.W.D. v. Walker County 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.D. v. Walker County Department of Human Resources, 808 So. 2d 46, 2001 Ala. Civ. App. LEXIS 344, 2001 WL 818462 (Ala. Ct. App. 2001).

Opinion

YATES, Presiding Judge.

These appeals involve the termination of parental rights of the father, R.W.D., and the mother, K.M.D., as to their three minor children, A.D., C.D., and T.D. The record indicates that the court appointed a guardian ad litem to represent the interests of the children; that the mother and father were both represented by the same attorney in the termination proceeding in[48]*48volving the minor child, T.D. (JU-99-270); and that the mother and father each had separate attorneys in the termination proceedings involving A.D. and C.D. (JU-98-218 and JU-98-219). We note that although only one termination proceeding was held (on November 7, 2000, for all three children), the trial court did not consolidate the cases at trial and the parties did not seek to consolidate the cases on appeal. After reviewing the separate records, we have concluded that the same ■issues are being presented in both appeals; therefore, we have consolidated the eases for purposes of issuing an opinion.

On April 9, 1998, the Walker County Department of Human Resources (“DHR”) petitioned for temporary custody of A.D. and C.D., alleging that both children were dependent and in need of immediate care, because of serious drug abuse and neglect by the mother and father. After conducting a detention hearing, the court awarded DHR temporary custody of both children. In December 1998, the children were returned to the parents for a trial placement. After repeated reports of drug use and prostitution by the mother, the children were returned to foster care. In May 1999, DHR was informed by the mother that she was pregnant.

On July 16, 1999, DHR petitioned for an emergency pick-up order, alleging that T.D., born on July 15, 1999, had tested positive for cocaine; that the mother had a history of drug abuse; that the child’s two siblings were in DHR custody; and that the child was dependent and in need of emergency care. After conducting a detention hearing, the court entered an order finding that T.D. was dependent and awarding DHR temporary custody. The court further ordered that T.D. be placed in the same foster home as his two siblings; that a home study be completed on J.D. and C.D., a paternal uncle and his wife, to determine the appropriateness of approving their home for a foster-care placement; and if approved, that the uncle and aunt receive physical custody of all three children.

In October 1999, DHR petitioned to terminate parental rights of the mother and father, alleging that the three children remained dependent and in DHR custody because of neglect by the parents and a history of drug addiction by both parents; that the parents had failed two of four drug-screening tests; and that in 1998 the father had been arrested for assault and theft and in 1999 the mother had been arrested for possession of marijuana and the father was arrested for DUI.

On June 12, 2000, the uncle and aunt petitioned for temporary and permanent custody of the three minor children. In August 2000, they petitioned for visitation with the children, alleging that before their temporary relocation to Texas they had been allowed visitation with the children but that they had been denied visitation in the past several months.

After conducting an ore tenus proceeding, the court, on December 15, 2000, entered separate orders terminating the parties’ parental rights as to each child. The court found that A.D. and C.D. continued to be dependent and in need of the care and protection of the court; that the parents had “abandoned” the children (see § 26-18-3, Ala.Code 1975); that the parents had failed to provide for the material needs of the children; and that the uncle and aunt, “even though willing at times, are not suitable as a family resource and are unable to provide the care, custody, support, and protection required by these children.” The mother and father appeal from the termination of their parental rights as to T.D. Only the father appeals from the termination of his parental rights [49]*49as to A.D. and C.D. In its order pertaining to T.D., the court stated, in part:

“1. That this child was born [in July 1999], and that the said child was placed in foster care and has been under the responsibility of [DHR] for fifteen of the most recent twenty-two months.
“2. That neither of the parents were present at the termination hearing.
“3. The said child tested positive for cocaine at birth, and the mother admitted at that time she had taken cocaine within one week of the birth of the said child.
“4. That the parents have failed to discharge their responsibilities to and for the said child and that the conduct or condition of the parents is such as to render them unable to properly care for this child and that such conduct or condition is unlikely to change in the foreseeable future.
“5. The Court further finds that both the father and the mother are no longer residents of the State of Alabama and that they have been gone from the State of Alabama for approximately one year and that the father has pending criminal charges in Walker County, Alabama.
“6. That the said child was placed in foster care qn or about July 19, 1999, and that the said child is still in foster care.
“7. The Court further finds that the parents have failed to provide for the material needs of this child, have failed to maintain regular visits with the child, and have failed to maintain consistent contact or communication with the said child and that pursuant to [Ala. Code 1975 § ] 26-18-8(1), these parents have abandoned this child and that such abandonment has continued for more than six (6) months.
“8. The Court finds that this child is dependent and in need of the care and protection of the Court.
“9. The Court further finds that the paternal uncle ... and his wife ... are not suitable as a family resource, and are unable to provide for the care, custody, support and protection required by this child and that there are no relatives of said children willing and able to provide the custody, control and care of this child.”

The mother and father argue, among other things, that they were not properly served; that the trial court erred in allowing blood-test results and police reports into evidence; and that the court erred in finding that DHR had met its burden of proving that there were no feasible alternatives to terminating parental rights.

This court has consistently held that the trial court must apply a two-pronged test when a nonparent institutes proceedings seeking the termination of parental rights. See KM. v. Shelby County Dep’t of Human Res., 628 So.2d 812 (Ala.Civ.App.1993). First, the court must determine that the child is dependent, according to clear and convincing evidence. Second, the court must find that there exists no viable alternative to termination of the parent’s custodial rights. J.L. v. State Dep’t of Human Res., 688 So.2d 868, 869 (Ala.Civ.App.1997). Although a child’s parents have a prima facie right to custody, the paramount concern in these proceedings is the best interests of the child. Id.; see also, S.W. v. Walker County Dep’t of Human Res., 709 So.2d 1267 (Ala.Civ.App.1998).

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Bluebook (online)
808 So. 2d 46, 2001 Ala. Civ. App. LEXIS 344, 2001 WL 818462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rwd-v-walker-county-department-of-human-resources-alacivapp-2001.