72 So. 3d 1254
Ala. Civ. App.2011Background
- DHR filed a dependency petition in the Etowah Juvenile Court after the child's birth, alleging parental issues and making the child dependent.
- The juvenile court found the child dependent and the social worker recommended filing to terminate parental rights due to noncompliance with reunification goals.
- Meanwhile, the foster parents sought to adopt the child in the Etowah Probate Court, which granted an interlocutory order of adoption and set a final dispositional hearing.
- The father, who was not seeking appellate relief from the probate court’s adoption judgment, moved in the juvenile court to enjoin the probate adoption proceeding on December 20, 2010.
- That same day, the juvenile court issued an order purporting to enjoin the foster parents from proceeding with the probate adoption and to require cooperation with DHR, warning of contempt for noncompliance.
- The probate court later entered a judgment approving the foster parents’ adoption on December 30, 2010; the father did not appeal that judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court had jurisdiction over the foster parents | Foster parents were not parties to the dependency action | Foster parents availed themselves of reunification processes and thus were subject to juvenile court jurisdiction | Juvenile court lacked jurisdiction over foster parents; order void; appeal dismissed with instructions |
Key Cases Cited
- B.V. v. Macon County Dep't of Human Res., 14 So. 3d 171 (Ala. Civ. App. 2009) (foster parents not parties when they fail to intervene)
- Duncan v. First Nat'l Bank of Jasper, 573 So. 2d 270 (Ala. 1990) (nonparticipants not parties before trial court)
- Ex parte State Pers. Bd., 45 So. 3d 751 (Ala. 2010) (appeal is proper method when a nonparty’s activity is enjoined)
- Ex parte State Pers. Bd., 45 So. 3d 755 (Ala. 2010) (Board not a party; trial court cannot restrict nonparties)
- Ex parte Full Circle Distrib., LLC, 883 So. 2d 638 (Ala. 2003) (void orders when court lacks jurisdiction over a person)
- M.M. v. B.L., 926 So. 2d 1038 (Ala. Civ. App. 2005) (void judgments/orders cannot support an appeal)