409 So.3d 620
Ala. Civ. App.2024Background
- The Conecuh County Department of Human Resources (DHR) filed dependency petitions in May 2022 alleging the parents, R.B. (father) and A.L. (mother), exposed their three children to domestic violence; children were placed in foster care.
- By May 2023, the juvenile court found the children were no longer dependent and ordered custody back to the mother, who had relocated to Georgia.
- The former foster mother subsequently filed new dependency and custody petitions alleging additional dependency and sought custody of the children.
- The parents moved to dismiss for lack of jurisdiction, arguing neither parent nor children still resided in Alabama.
- The juvenile court denied dismissal; parents sought writs of mandamus from the Alabama Court of Civil Appeals.
- Issue focused on whether the juvenile court retained subject-matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Ala. Code §30-3B-101 et seq.
Issues
| Issue | Parents' Argument | Foster Mother's Argument | Held |
|---|---|---|---|
| Should the juvenile court stay the case? | Actions should be stayed pending appeal | Not specifically addressed | Mooted by dismissal of related DHR appeals |
| Does Alabama have home-state jurisdiction? | Children had not lived in Alabama for six consecutive months; parents/children now in Georgia | Foster mother was "person acting as a parent," qualifying Alabama as home state | Alabama was not home state; foster mother not "person acting as a parent" |
| Can Alabama exercise significant-connection jurisdiction? | No significant connection: no longer residents/family in state | Relationship with foster mother is a connection | No significant connection; foster parent relationship insufficient |
| Does res judicata bar new petitions? | Prior dependency ruling precludes relitigation | New facts asserted, so res judicata does not apply | (Concurring opinion) Res judicata bars new petitions; main opinion resolved on jurisdiction |
Key Cases Cited
- Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006) (grandparent can satisfy "person acting as a parent" under UCCJEA if physical and legal custody claimed)
- B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014) (person must have colorable claim to legal custody under UCCJEA to be "person acting as a parent")
- Hughes v. Martin, 533 So. 2d 188 (Ala. 1988) (outlines elements and rationale of res judicata)
- Lee L. Saad Constr. Co. v. DPF Architects, P.C., 851 So. 2d 507 (Ala. 2002) (elements of res judicata; prior action precludes subsequent identical action)