E.A. v. Houston County Department of Human Resources (Appeal from Houston Juvenile Court: JU-21-344.02).
CL-2023-0805
Ala. Civ. App.Mar 21, 2025Background
- The case involves the termination of parental rights of W.S. II (father) and E.A. (mother) to their child, E.H.S., by the Houston Juvenile Court in Alabama.
- The parents, Florida residents, argued that the Alabama court lacked subject-matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because the child was not a resident of Alabama.
- The mother intentionally delivered the child in Alabama to avoid Florida authorities, and both mother and child tested positive for methamphetamine at birth; the mother was arrested and returned to Florida.
- The child was immediately placed with Alabama foster parents and has resided in Alabama since birth.
- The juvenile court originally assumed emergency jurisdiction and later entered a dependency determination granting DHR permanent custody, followed by the termination of both parents’ rights.
- The parents appealed, arguing lack of jurisdiction and (mother only) that alternatives to termination existed, such as relative placement or with the father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction under UCCJEA | Alabama not child’s home state; no power | Alabama has jurisdiction under § 30-3B-201(a)(4) | Alabama court had jurisdiction by default under UCCJEA; no other state had it |
| Existence of viable alternatives to termination | Placing child with father or relatives is viable | No viable alternatives given past history, instability | No viable alternatives supported by the evidence; foster care/adoption is best |
| Merits of terminating parental rights | No challenge by father; mother only faulted alternatives | DHR: Termination justified by parents' history, no improvement | Clear and convincing evidence supported termination given parental unfitness and past |
| Proper exercise and transition of emergency jurisdiction | Alabama’s only role was emergency; later orders invalid | Emergency jurisdiction ripened into permanent as child stayed in Alabama | Emergency did not become permanent, but jurisdiction proper under default provision |
Key Cases Cited
- H.T. v. Cleburne Cnty. Dep't of Hum. Res., 163 So. 3d 1054 (Ala. Civ. App. 2014) (hospital stay alone after birth is insufficient to establish home state under UCCJEA)
- A.M. v. Houston Cnty. Dep't of Hum. Res., 262 So. 3d 1210 (Ala. Civ. App. 2017) (brief physical presence in state does not confer significant connection jurisdiction)
- Kennedy v. Boles Invs., Inc., 53 So. 3d 60 (Ala. 2010) (ore tenus standard: factual findings presumed correct on appeal)
- R.L.M.S. v. Etowah Cnty. Dep't of Hum. Res., 37 So. 3d 805 (Ala. Civ. App. 2009) (trial court may question claims of parental rehabilitation for custody)
- P.S. v. Jefferson Cnty. Dep’t of Hum. Res., 143 So. 3d 792 (Ala. Civ. App. 2013) (termination of parental rights requires clear and convincing evidence)