S.W. v. Houston County Department of Human Resources

854 So. 2d 1146, 2002 Ala. Civ. App. LEXIS 684, 2002 WL 1998297
Court of Civil Appeals of Alabama·Decided August 30, 2002·No. 2010727·Published·Cited by 2 cases

Opinion

THOMPSON, Judge.

On January 3, 2002, the Houston County Department of Human Resources (hereinafter “DHR”) filed a petition seeking to terminate the parental rights of S.W. (“the mother”) and S.T., the alleged father, to M.T. and K.T. (“the children”). On April 2, 2002, the trial court held a hearing and received ore tenus evidence. On April 4, 2002, the trial court entered an order terminating the mother’s parental rights.1 The mother appealed.

At the time of the hearing, the mother was 20 years old, M.T. was 23 months old, and K.T. was 8 months old. DHR had assumed custody of each of the children on the days after their births. The record indicates that DHR had been involved with the mother since 1991 and that the mother had been in DHR’s custody from 1991 to 1998. The record indicates that the mother had had behavioral problems as a teenager and that DHR attempted on 24 occasions to place the mother in a foster home, but that all of those placements were unsuccessful.

The mother and S.T. never married. The mother’s relationship with S.T. involved a great deal of physical violence. The record contains hospital reports prepared by doctors and nurses following the mother’s hospital visits, as well as court reports prepared by DHR social workers throughout DHR’s involvement with the family. Although the mother indicated to both DHR and hospital employees that S.T. had physically abused her in the past, the first documentation regarding that violence occurred on February 9, 2000, when the mother was hospitalized after she was assaulted by S.T. The hospital record from that date indicates that the mother reported that S.T. had kicked her repeatedly in the face, head, and abdomen and had sexually assaulted her. At the time of the February 9, 2000, assault, the mother was more than six months pregnant with M.T.

The mother was readmitted to the hospital on February 18, 2000, and she was diagnosed with vaginal bleeding. S.T. visited the mother at the hospital on February 20, 2000; following S.T.’s visit, the mother suffered a nosebleed. The mother initially denied that she was assaulted by S.T. during the visit, but eventually admitted that during his February 20, 2000, visit, S.T. struck her in the nose.

The mother testified that on March 26, 2000, S.T. assaulted her and stuck a telephone antenna up one of her nostrils. When questioned by the court regarding that particular incident, the mother stated that the assault occurred when S.T. became angry with her while she was talking on the telephone. On April 3, 2000, the mother delivered M.T. by cesarean section. The record indicates that S.T. also assaulted the mother on April 6, 2000, three days after M.T.’s birth. The record indicates that the mother contacted DHR following the April 6, 2000, attack and that DHR placed the mother in a “protection-from-abuse” shelter that night. The record indicates that the mother left the shelter the following day. According to the record, the mother resumed her relationship with S.T., and the domestic violence continued.

[1148] DHR provided counseling services for the mother, but the mother stopped attending her counseling sessions in May 2001; the record indicates that when the mother stopped attending her counseling sessions, the counselor began attending some of the mother’s meetings with DHR. The record contains the notes from the mother’s counseling sessions and the DHR meetings. Those notes indicate that the mother consistently recognized that her relationship with S.T. jeopardized her relationship with her children, but that she continued to maintain a relationship with him. The record also contains the counsel- or’s September 20, 2001, notes from the last DHR meeting he attended with the mother. The notes indicate that the mother continued to maintain contact with S.T.

Sarah Shinz, a social worker for DHR, testified that she worked on the case involving the mother and the children. Shinz testified that S.T. had physically abused the mother throughout the time DHR had been involved with the family. According to Shinz, the mother had also been violent toward S.T., and the mother had informed her that she had stabbed S.T. on two occasions. Shinz testified that numerous warrants had been issued for both S.T. and the mother for the physical harm each had inflicted on the other.

M.T. was born on April 3, 2000, and taken into custody by DHR on April 4, 2000. Shinz testified that DHR developed several safety plans, the goal of which was to reunite the mother with M.T., but that the mother failed to comply with those plans. Shinz testified that DHR had difficulty formulating a safety plan for the mother because the mother refused to acknowledge that a safety risk existed. Shinz stated that the first safety plan required the mother to sever her relationship with S.T., not to allow S.T. access to her home, and to contact the police if S.T. came to her home and tried to harm her in any way. According to Shinz, DHR employees consistently stressed to the mother that S.T. could not be in the mother’s home when the children were present for visitation. The record indicates that S.T. was discovered in the mother’s house during her first in-home visit with M.T.2

K.T. was born on July 5, 2001. Shinz testified that S.T. was incarcerated the day K.T. was born, and that DHR had “great hopes” that the mother would be able to parent K.T. safely because of S.T.’s incarceration. The record indicates that although the trial court awarded DHR legal custody of K.T. the day after her birth, the court allowed the mother to have physical custody of K.T. The record indicates that the mother agreed to notify DHR when she learned of S.T.’s release from prison. Shinz testified that she observed S.T. near the mother’s home on August 20, 2001, and that she learned that on August 18, 2001, S.T. had been released on bond. The mother admitted that she was aware that S.T. was out of prison and that she had allowed him to stay in the home with her and K.T. DHR assumed physical custody of K.T. and placed K.T. in foster care.

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S.W. v. Houston County Department of Human Resources, 854 So. 2d 1146, 2002 Ala. Civ. App. LEXIS 684, 2002 WL 1998297 (Ala. Ct. App. 2002).

854 So. 2d 1146 (S.W. v. Houston County Department of Human Resources) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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