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67 So. 3d 114
Ala. Civ. App.
2011
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Background

  • DHR filed a dependency petition alleging C.J.H. and S.H. were dependent due to lack of a parent or guardian to provide support, training, or education.
  • The father allegedly killed the mother and then committed suicide, prompting ex parte temporary custody.
  • Several relatives (the brother, maternal aunt and uncle, and paternal aunt) intervened seeking custody or visitation.
  • The juvenile court ordered home studies of the proposed custodians’ residences.
  • On May 3, 2010 the court adjudicated the children dependent and awarded custody to the paternal aunt, with specific visitation for others and a 12-month supervision by DHR.
  • The court ordered the paternal aunt not to homeschool for one year to preserve normalcy, and required DHR to provide counseling and services.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the education restriction violates due process Paternal aunt argues the judgment compels public-school education and violates rights DHR argues the provision is to preserve stability, not a general restriction Affirmed; no exact requirement to keep in public school was shown in judgment
Whether DHR supervision of the custodial arrangement for one year is unconstitutional Paternal aunt claims state interference with a fit custodian violates rights State may supervise to protect interests after dependency disposition Affirmed; order to supervise for one year within §12-15-314(a)(4) upheld
Whether awarding visitation to maternal aunt and uncle was error Maternal relatives sought visitation; paternal aunt argues lack of standing and statutory basis Court may grant visitation to nonparents where in best interests under AJJA/§12-15-314(a)(4) Affirmed; visitation upheld as in best interests and permissible under statutory authority

Key Cases Cited

  • Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (Due process limits on state involvement in parenting decisions; best interests standard applied)
  • Prince v. Massachusetts, 321 U.S. 158 (U.S. 1944) (Parents have primary responsibility for child nurture; state may intervene only with justification)
  • J.S.M. v. P.J., 902 So.2d 89 (Ala.Civ.App.2004) (Visitation to nonparent after dependency adjudication allowed if in child’s best interests)
  • K.B. v. Cleburne County Dep’t of Human Res., 897 So.2d 379 (Ala.Civ.App.2004) (Review of visitation awards; abuse of discretion standard; best interests of child standard)
  • Ex parte Bland, 796 So.2d 340 (Ala.2000) (Visitation decisions reviewed for abuse of discretion; best interests standard emphasized)
  • Moore v. City of East Cleveland, 431 U.S. 494 (U.S. 1977) (Relative in loco parentis has protected interests; state interference must be justified)
  • Ex parte Devine, — So.3d — (Ala.2010) (Dependency analysis; importance of case-specific factual inquiry for best interests)
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Case Details

Case Name: D.B. v. K.B.
Court Name: Court of Civil Appeals of Alabama
Date Published: Jan 21, 2011
Citations: 67 So. 3d 114; 2011 Ala. Civ. App. LEXIS 15; 2011 WL 190049; 2090831
Docket Number: 2090831
Court Abbreviation: Ala. Civ. App.
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