109 So. 3d 1133
Ala. Civ. App.2012Background
- DHR petitioned to terminate parental rights to G.J., K.J., and M.J.; mother’s address listed as Phenix City; service by publication sought after 90 days without service.
- Mother appeared through counsel and answered, then sought discovery; amended petitions followed.
- DHR repeatedly amended petitions, removing G.J. from the termination request and later focusing on K.J. and M.J.; third amended petition later sought termination for K.J. again.
- Mother moved to amend answer to raise Rule 12 defenses, including lack of personal jurisdiction; court allowed amendment.
- DHR attempted service by publication under § 12-15-318 after failed personal service; publication initially authorized and later expanded to additional newspapers; final hearing held April 19, 2012, culminating in termination of K.J. and M.J., with K.J.’s termination later deemed void for lack of service, and M.J.’s termination affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had personal jurisdiction over mother | Mother argues lack of proper service voids judgment | DHR asserts service by publication complied with § 12-15-318 | K.J. termination void for lack of jurisdiction; M.J. termination upheld |
| Whether admissibility of DHR records/hearsay affected the judgment | Mother contends hearsay/records were inadmissible | Record not admitted; any error harmless | Merits review limited; error deemed harmless; largely moot as records not admitted and final reliance on post-2011 evidence. |
Key Cases Cited
- L.K. v. Lee Cnty. Dep’t of Human Res., 64 So.3d 1112 (Ala. Civ. App. 2010) (strict compliance with § 12-15-318 required for publication service in termination cases)
- Horizons 2000, Inc. v. Smith, 620 So.2d 606 (Ala. 1993) (personal jurisdiction hinges on perfected service of process)
- Ex parte Fidelity Bank, 893 So.2d 1116 (Ala. 2004) (liberal amendment rule; due process concerns in service)
- Santosky v. Kramer, 455 U.S. 745 (1982) (termination of parental rights implicates fundamental liberty interests)
- C.B. v. State Dep’t of Human Res., 782 So.2d 781 (Ala. Civ. App. 1998) (termination is permanent and requires careful due process)