J.C. v. Cullman County Department of Human Resources (Appeal from Cullman Juvenile Court: JU-19-594.06).
CL-2024-0764
Ala. Civ. App.Mar 21, 2025Background
- The Cullman County Department of Human Resources (DHR) filed to terminate the parental rights of J.C. (father) and S.C. (mother) to their two children due to ongoing drug use and neglect.
- DHR initially placed the children with their maternal grandmother after reports of unfit living conditions (no running water, drug use) and physical abuse risk in the parents' home.
- Later, the children were hospitalized multiple times for severe behavioral issues and were moved to other placements; the maternal grandmother no longer wished to seek custody.
- DHR presented evidence that the parents repeatedly tested positive for methamphetamines and amphetamines, failed to participate fully in offered services, and were uncooperative or hostile with DHR personnel.
- The juvenile court terminated both parents' rights; both parents appealed, claiming DHR failed to use reasonable efforts (father) and that an alternative to termination existed (mother).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable Efforts to Rehabilitate | J.C.: DHR failed to offer him sufficient services | DHR: Reasonable efforts made, but father was uncooperative | Juvenile court's finding upheld; DHR's efforts deemed reasonable |
| Viable Alternative to Termination | S.C.: Placement with maternal grandmother was viable | DHR: Grandmother not a viable option after behavioral breakdowns, and she withdrew her petition | Juvenile court's finding upheld; no viable alternative found |
Key Cases Cited
- C.O. v. Jefferson Cnty. Dep't of Hum. Res., 206 So. 3d 621 (Ala. Civ. App. 2016) (defines clear and convincing evidence standard in termination cases)
- A.M.F. v. Tuscaloosa Cnty. Dep't of Hum. Res., 75 So. 3d 1206 (Ala. Civ. App. 2011) (parents must make themselves available for reunification efforts)
- T.B. v. Cullman Cty. Dep't of Human Res., 6 So. 3d 1195 (Ala. Civ. App. 2008) (DHR must make reasonable, not maximal, efforts to rehabilitate parents)
- C.T. v. Calhoun Cnty. Dep't of Hum. Res., 8 So. 3d 984 (Ala. Civ. App. 2008) (DHR must prove no viable alternatives to termination exist)