H.T. v. Cleburne County Department of Human Resources
163 So. 3d 1054
| Ala. Civ. App. | 2014Background
- DHR filed a petition to terminate the mother’s and father’s parental rights to the child; trial began Feb. 20, 2014.
- The child was born Apr. 1, 2013 in Georgia and removed from the mother Apr. 3, 2013.
- An April 26, 2013 dependency order found the child dependent; the child remained in Georgia.
- The mother has a long history of methamphetamine use and unstable housing, moving between AL and GA.
- DHR sought adoption by foster parents; relatives were contacted but deemed unsuitable.
- The trial court terminated mother’s rights on Feb. 25, 2014; father’s rights were terminated later; mother appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had subject-matter jurisdiction under UCCJEA | Mother argues no home state jurisdiction. | DHR argues jurisdiction exists via significant connections. | Yes; court had jurisdiction under §30-3B-201(a)(2). |
| Whether the judgment was properly certified as final under Rule 54(b) | Rule 54(b) certification was improper due to intertwined claims. | Certification was surplusage; judgment final under Rule 4(f). | Rule 54(b) certification deemed surplusage; judgment final anyway. |
| Whether clear and convincing evidence supported termination of rights | DHR showed abandonment and inability to care for child; no viable alternatives. | Mother contends progress toward sobriety; past history undermines reliance. | Evidence supported termination; adoption in child’s best interest. |
Key Cases Cited
- Ex parte M.M.T., 148 So.3d 728 (Ala.Civ.App.2014) (UCCJEA jurisdiction analysis guidance)
- J.D. v. Lauderdale Cnty. Dep’t of Human Res., 121 So.3d 381 (Ala.Civ.App.2013) (Continuing jurisdiction under UCCJEA)
- Ex parte Beasley, 564 So.2d 950 (Ala.1990) (Clear-and-convincing evidence standard)
- J.H. v. C.Y., 161 So.3d 233 (Ala.Civ.App.2014) (Significant-connection and care evidence framework)
- In re D.S., 217 Ill.2d 306 (Ill. 2005) (Home-state definition; hospital stay insufficient for home state)
- In re Interest of Violet T., 286 Neb. 949 (Neb. 2013) (Home-state jurisdiction analysis)
- R.S. v. R.G., 995 So.2d 893 (Ala.Civ.App.2008) (Abandonment and four-month presumption)