203 So. 3d 1261
Ala. Civ. App.2016Background
- DHR filed petitions (Apr 30, 2015) to terminate the parental rights of C.P. (father) and K.P. (mother) to three children; final hearing July 23, 2015; judgments terminating both parents entered July 28, 2015; father appealed.
- Extensive DHR history: prior reports of domestic violence, drug exposure, and incidents involving children (2004–2011), including temporary removal of O.P. in 2010.
- April 3, 2014 incident: officer found father appearing intoxicated with three children in his vehicle; infant A.P. discovered naked, soiled, badly diapered; suspected drugs and drug paraphernalia found; father arrested. Children placed on safety plan then removed to foster care May 20, 2014.
- Repeated concerns during the case: father’s polysubstance use (positive tests for heroin, morphine, oxycodone), overdose history, missed/evaded drug testing, multiple arrests, domestic-violence history, failure to complete recommended inpatient treatment or domestic-violence programs.
- Paternal grandmother was proposed as placement but DHR’s home studies found her residence unsafe/unsuitable and she was characterized as enabling the father (providing drugs, permitting contact in violation of safety plan); DHR explored other relatives and rejected them for valid reasons.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (DHR / Juvenile Court) | Held |
|---|---|---|---|
| Whether awarding custody to the paternal grandmother was a viable alternative to termination | Paternal grandmother is a fit relative and a suitable placement alternative | Home studies and testimony showed the grandmother’s home unsafe and that she enabled the father; not fit or willing to meet children’s needs | Juvenile court found grandmother not viable; affirmed |
| Whether DHR failed to investigate or present other relative placement options | DHR did not search adequately for relatives | DHR checked relatives identified by parents and ruled them out for valid reasons (DHR history, drug issues, disinterest, sex-offender status) | Court found DHR’s efforts sufficient; affirmed |
| Whether maintaining the status quo (foster care while father rehabs) was preferable to termination | Father requested more time to rehabilitate; status quo should be maintained | Father had longstanding history of substance abuse, domestic violence, criminality, positive drug tests near trial, and had not completed recommended treatment; indefinite foster care not viable alternative | Juvenile court permissibly terminated parental rights rather than preserve status quo; affirmed |
| Whether father was denied effective assistance of counsel by late appointment | Counsel appointed July 6, 2015, with final hearing July 23, 2015 — insufficient time to prepare | Counsel was appointed (not denied); father did not raise ineffective-assistance claim below; procedural posture differs from cited authority | On appeal claim barred for failure to raise below; no reversible error shown; affirmed |
Key Cases Cited
- Ex parte Beasley, 564 So.2d 950 (Ala. 1990) (trial court must consider alternatives to termination)
- J.B. v. Cleburne Cty. Dep’t of Human Res., 991 So.2d 273 (Ala. Civ. App. 2008) (ore tenus rule and standard for evaluating viable relative placement)
- J.A. v. Etowah Cty. Dep’t of Human Res., 12 So.3d 1245 (Ala. Civ. App. 2009) (review of juvenile court findings on alternatives to termination)
- L.M.W. v. D.J., 116 So.3d 220 (Ala. Civ. App. 2012) (maintenance of status quo can be a viable alternative where parent’s conditions and bond support it)
- M.G. v. Etowah Cty. Dep’t of Human Res., 26 So.3d 436 (Ala. Civ. App. 2009) (termination inappropriate where recent stability and parenting performance were shown)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (standard for sufficiency of proof in termination proceedings)